26Persons to give Reserve Bank and nominated special regulators information

#### 26 Persons to give Reserve Bank and nominated special regulators information (1) The Reserve Bank may require a participant in a payment system (whether or not it is a designated payment system or a special designated payment system) to give the Reserve Bank information relating to the payment system and its participants. > Note: Part VIII of the Reserve Bank Act 1959 imposes secrecy requirements upon certain information provided to the Reserve Bank. (1A) A nominated special regulator in relation to a special designated payment system may require a participant in the special designated payment system to give the nominated special regulator information relating to that special designated payment system and its participants. (2) The Reserve Bank may require a corporation that is authorised under section 23, or that is exempted under section 25, to give the Reserve Bank information relating to purchased payment facilities of the class to which the authority or exemption relates. Refusal or failure to comply with requirement to give information (3) A corporation (including a participant in a payment system) contravenes this subsection if it refuses or fails to comply with a requirement under this section. Fault‑based offence (3A) A corporation commits an offence if the corporation contravenes subsection (3). The physical elements of the offence are set out in that subsection. Penalty: 200 penalty units. Civil penalty provision (3B) A corporation is liable to a civil penalty if the corporation contravenes subsection (3). Civil penalty: 200 penalty units. Continuing contraventions of offence provision (4) If a refusal or failure to comply with a requirement under this section occurs in circumstances that give rise to a corporation (including a participant in a payment system) committing an offence against subsection (3A), the corporation commits an offence against that subsection in respect of: (a) the day on which the refusal or failure occurs; and (b) each subsequent day (if any) until the requirement is complied with (including the day of conviction for any such offence or any later day). > Note 1: This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations. > Note 2: Subsection (3B) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.