139APowers of Commissioner to obtain information

#### 139A Powers of Commissioner to obtain information 139A Powers of Commissioner to obtain information > > (1) If the Commissioner has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act, or that will assist the Commissioner to monitor or enforce compliance with this Act, the Commissioner may by written notice served on the person, require the person to do one or more of the following— > > > > > (a) to give the Commissioner, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge, > > > > > (b) to produce to the Commissioner, in accordance with the notice, those documents, > > > > > (c) to appear before a person appointed by the Commissioner on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents. > > > (2) The notice must— > > > > > (a) state that the requirement is made under this section, and > > > > > (b) contain a statement to the effect that a failure to comply with a requirement is an offence, and > > > > > (c) if the notice requires the person to provide information or documents or answer questions— > > > > > > > (i) contain a statement about the effect of section 124, and > > > > > > > (ii) state that the person may attend with a legal practitioner. > > > (3) The Commissioner must not make a requirement under subsection (1) (c) unless the Commissioner has taken all reasonable steps to obtain the information, including steps under subsection (1) (a) and (b), and has been unable to do so. > > > (4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section. > > > > Maximum penalty— > > > > > (a) in the case of an individual—$10,000, or > > > > > (b) in the case of a body corporate—$50,000. > > > (5) Subsection (4) places an evidential burden on the defendant to show a reasonable excuse. > > > (6) Section 124 applies to a requirement under this section. > > **s 139A:** Ins 2017 No 61, Sch 3 \[10\].