364Designated Authority may ask for further information

364 Designated Authority may ask for further information

(1) If: (a) an application is made under section 363 for approval of a transfer; and (b) the Designated Authority has reason to believe that a person possesses or controls a document that relates to: (i) the transfer document; or (ii) the transfer transaction; or (iii) the application for approval of the transfer; the Designated Authority may ask the person: (c) to give the document to the Designated Authority; or (d) to make the document available for inspection by or on behalf of: (i) the Designated Authority; or (ii) the Joint Authority. (2) The request under subsection (1) must be made by giving to the person a written notice containing the request. (3) A person must not fail to comply with a request under subsection (1).

Penalty: 50 penalty units.

(4) Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.