49Power of Commission to require information

#### 49 Power of Commission to require information 49 Power of Commission to require information > > (1) The Commission may give a direction in writing to any person (whether or not a party to proceedings before the Commission) requiring the person— > > > > > (a) to produce, at a time and place specified in the direction, specified documents in the possession of the person, or > > > > > (b) to provide specified information within a time specified in the direction that the Commission considers relevant to the proceedings, or > > > > > (c) to give within a time specified in the direction any specified consent, authority or direction that the Commission considers necessary or desirable for the purpose of facilitating the provision by another person of documents or information pursuant to a direction under subsection (2). > > > (2) The direction may require the documents to be produced or the information to be provided— > > > > > (a) to the Commission or to another party to proceedings before the Commission, in the case of a direction given to a party to the proceedings, or > > > > > (b) to the Commission in the case of a direction given to a person who is not a party to proceedings before the Commission. > > > (3) A person must not, without reasonable excuse, fail to comply with a direction given to the person. > > > > Maximum penalty—50 penalty units. > > > (4) If a person does not, without reasonable excuse, produce a document or provide information in compliance with a direction given to the person under this section, the person cannot as a party to proceedings before the Commission or a court have the document or information admitted in the proceedings. > > > (5) The Commission may exercise powers under this section at the request of a party to proceedings before the Commission or of the Commission’s own motion. > > > (6) A Division Head of a Commission Division or the principal registrar has and may exercise any power of the Commission under this section. > > > (7) The regulations or the Commission rules may make provision for or with respect to any of the following matters— > > > > > (a) exempting specified kinds of documents or information from the operation of this section, > > > > > (b) specifying cases and circumstances in which the Commission is required to exercise the Commission’s powers under this section, > > > > > (c) specifying cases and circumstances in which the Commission is not to exercise the Commission’s powers under this section.