32Power to obtain information

##### 32 Power to obtain information (1) The Chairperson may, by notice in writing signed by him or her and served on a person, require the person: (a) to furnish to the Commission, by writing signed by the person or his or her agent, or, in the case of a Commonwealth authority or a body corporate, by a competent officer of the Commonwealth authority or body corporate, within the time and in the manner specified in the notice, such information in relation to the affairs of the person as is so specified; or (b) to produce to the Commission, in accordance with the notice, such documents in relation to the affairs of the person as are specified in the notice; being information that is, or documents that are, relevant to: (c) the consideration by the Commission of the matters contained in a notice given to the Commission by the person under paragraph 22(2)(a); (d) an inquiry that is being held in relation to the person; or (e) a supply of goods or services by the person, being a supply of a kind in relation to which the Commission is carrying out an inquiry under section 18 or monitoring under a direction under section 27A. (2) A person is guilty of an offence if: (a) the person is subject to a notice under subsection (1); and (b) the person, without reasonable excuse, refuses or fails to comply with the notice. Penalty: 20 penalty units. > Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. > Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2A) It is a reasonable excuse for the purposes of subsection (2) for an individual to refuse or fail to give information or produce a document on the ground that the information or production of the document might tend to incriminate the individual or to expose the individual to a penalty. This subsection does not limit what is a reasonable excuse for the purposes of subsection (2). > Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). (3) Subject to section 33, where, pursuant to a notice served on a person under subsection (1) in relation to information that is, or documents that are, relevant to an inquiry that is being held in public in relation to the person, the person furnishes information or produces documents to the Commission in connection with the inquiry, the Commission shall make the information or documents available to the public in such manner as the Commission thinks fit. > Note: Sections 137.1 and 137.2 of the Criminal Code deal with false or misleading information and documents.