41Power to obtain information etc.

41 Power to obtain information etc.

(1) The Minister, the Secretary or an SES employee or acting SES employee in the Department, may give a disclosure notice to a person (the supplier) who, in trade or commerce, supplies road vehicles or approved road vehicle components of a particular kind if the person giving the notice reasonably believes: (a) that: (i) vehicles or components of that kind will or may cause injury to any person; or (ii) a reasonably foreseeable use (including a misuse) of vehicles or components of that kind will or may cause injury to any person; or (iii) vehicles or components of that kind do not, or it is likely that they do not, comply with the applicable national road vehicle standards; and (b) that the supplier is capable of giving information, producing documents or giving evidence in relation to those vehicles or components. (2) A disclosure notice is a written notice requiring the supplier: (a) to give, in writing signed by the supplier, any such information to the person specified in the notice: (i) in the manner specified in the notice; and (ii) within such reasonable time as is specified in the notice; or (b) to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or (c) to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice: (i) to give any such evidence, on oath or affirmation; and (ii) to produce any such documents. (3) The person specified in the notice may be: (a) the Minister; or (b) the Secretary; or (c) an SES employee, or acting SES employee, in the Department (whether or not that SES employee, or acting SES employee, gave the notice). Holder of a type approval taken to be a supplier (4) For the purposes of this section, a person is taken to supply, in trade or commerce, road vehicles or approved road vehicle components of a particular kind, if: (a) the person is the holder of a road vehicle type approval under which a vehicle is entered on the RAV; or (b) the person is the holder of a road vehicle component type approval.