120Power to request information

#### 120 Power to request information (1) This section applies to a person if the Secretary has reason to believe that information (the compellable information) relating to the assessment of a community store under section 94 is in the person’s possession, custody or control (whether held electronically or in any other form). (2) The Secretary may, in writing, require the person to give specified compellable information to the Secretary: (a) within a specified period of time; and (b) in a specified form or manner. (3) The person must not fail to comply with a requirement under this section. Penalty: 10 penalty units. (4) The person must not, in purported compliance with a requirement under this section, give to the Secretary information that is false or misleading in a material particular. Penalty: 60 penalty units. (5) Subsection (3) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is: (a) of a commercial nature; or (b) subject to an obligation of confidentiality arising from a commercial relationship; or (c) commercially sensitive. (6) Subsection (3) does not apply in relation to compellable information covered by paragraph (1)(b) if giving the information might tend to incriminate the person or expose the person to a penalty. (7) This section has effect despite any law of the Commonwealth, a State or a Territory prohibiting disclosure of the information.