48Notice to person to provide information and documents

48 Notice to person to provide information and documents

(1) If the Commission: (a) is: (i) required to hold hearings for the purposes of an inquiry; or (ii) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4; and (b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry; the Chair may, by written notice served on the person, require the person to send to the Commission: (c) a statement signed by the person, setting out the specified information; and (d) specified documents. (2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Commission. The period must be a period of at least 14 days commencing on the day the notice is served. (3) A person must not intentionally fail to send to the Commission the statement or documents that the person is required to send under subsection (1).

Penalty: Imprisonment for 6 months.

Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), 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 on an individual for the same offence (subsection 4B(3), 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.