13ESecretary may require information or documents

13E Secretary may require information or documents

Scope (1) This section applies if the Secretary reasonably believes that: (a) there is a disruption to Australia’s fuel supply; and (b) the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market. Notice (2) The Secretary may give a regulated entity a written notice if the Secretary reasonably believes that the entity has information or documents relevant to the Australian market for a covered product. (3) Without limiting subsection (2), information or documents relevant to the Australian market for a covered product include information or documents relating to the following: (a) the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply; (b) the entity’s orders for any upcoming demand for the product by customers; (c) stock levels of the product held by the entity. Contents of notice (4) The notice may require the entity to do either or both of the following: (a) to give information specified in the notice to the Secretary within the period and in the manner specified in the notice; (b) to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.

Note 1: For civil penalties for failing to comply with a requirement of a notice or for providing false or misleading information or documents, see sections 13G and 13H.

Note 2: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

(5) The notice must set out the effect of the following provisions: (a) section 13G; (b) section 13H; (c) section 137.1 of the Criminal Code (about an offence for giving false or misleading information); (d) section 137.2 of the Criminal Code (about an offence for producing false or misleading documents). Minimum period for complying with notice (6) A period specified under paragraph (4)(a) or (b): (a) must be at least 5 business days after the day the notice is given; and (b) may be: (i) a single period; or (ii) a recurring period.