sec.35Power to require information for inquiries and research

### sec.35 Power to require information for inquiries and research This section applies if the direction is a direction mentioned in section 32 (a) or (b) . The commission may, by notice given to a relevant entity, require the entity— to give the commission a copy of related information on or before a stated reasonable day; or to make related information available for inspection by the commission at a stated reasonable time and place. The relevant entity must comply with the notice. However, the relevant entity may refuse to comply with the notice to the extent— the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or complying with the notice is prohibited under an Act; or complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. The relevant entity is not liable for a breach of a contract, confidence or duty for giving the commission a copy of the related information, or making the related information available for inspection by the commission, as required by the notice. In this section— government agency — means— a department; or an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or a part of an entity mentioned in subparagraph (ii) ; or a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but does not include a local government. local government company means— a corporation owned by a local government; or a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 . related information , for a relevant entity, means a document or other information that— is in the possession or under the control of the entity; and relates to the entity or a business carried out by the entity; and is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) . relevant entity means— a government agency; or a local government; or a local government company. (sec.35-ssec.1) This section applies if the direction is a direction mentioned in section 32 (a) or (b) . (sec.35-ssec.2) The commission may, by notice given to a relevant entity, require the entity— to give the commission a copy of related information on or before a stated reasonable day; or to make related information available for inspection by the commission at a stated reasonable time and place. (sec.35-ssec.3) The relevant entity must comply with the notice. (sec.35-ssec.4) However, the relevant entity may refuse to comply with the notice to the extent— the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or complying with the notice is prohibited under an Act; or complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. (sec.35-ssec.5) The relevant entity is not liable for a breach of a contract, confidence or duty for giving the commission a copy of the related information, or making the related information available for inspection by the commission, as required by the notice. (sec.35-ssec.6) In this section— government agency — means— a department; or an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or a part of an entity mentioned in subparagraph (ii) ; or a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but does not include a local government. local government company means— a corporation owned by a local government; or a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 . related information , for a relevant entity, means a document or other information that— is in the possession or under the control of the entity; and relates to the entity or a business carried out by the entity; and is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) . relevant entity means— a government agency; or a local government; or a local government company. - (a) to give the commission a copy of related information on or before a stated reasonable day; or - (b) to make related information available for inspection by the commission at a stated reasonable time and place. - (a) the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or - (b) complying with the notice is prohibited under an Act; or - (c) complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. - (a) means— (i) a department; or (ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or (iii) a part of an entity mentioned in subparagraph (ii) ; or (iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but - (i) a department; or - (ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or - (iii) a part of an entity mentioned in subparagraph (ii) ; or - (iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but - (b) does not include a local government. - (i) a department; or - (ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or - (iii) a part of an entity mentioned in subparagraph (ii) ; or - (iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but - (a) a corporation owned by a local government; or - (b) a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 . - (a) is in the possession or under the control of the entity; and - (b) relates to the entity or a business carried out by the entity; and - (c) is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) . - (a) a government agency; or - (b) a local government; or - (c) a local government company.