sec.13FPower to require information for rural debt survey

### sec.13F Power to require information for rural debt survey This section applies in relation to the following entities (each a relevant entity )— a bank or other financial institution; another entity that carries on a business lending money to farmers for the purpose of conducting farming businesses. The authority may, by written notice given to a relevant entity, require the entity to give the authority— stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its possession or control that the authority reasonably requires for the conduct of a rural debt survey; or access to the relevant material. The notice must state how, and a reasonable period by which, the relevant material, or access to the relevant material, must be given. The relevant entity must comply with the notice unless— the requirement relates to relevant material that is in someone else’s possession or control and the other person has refused to give the relevant material to the entity despite the entity’s reasonable efforts to obtain it; or complying with the requirement would place the entity in contravention of a law; or the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the authority despite the entity’s reasonable efforts to obtain the consent; or the giving of the relevant material might tend to incriminate the entity; or the relevant material is confidential to the entity or the giving of the relevant material might be to the detriment of the entity’s commercial or other interests. Maximum penalty—100 penalty units. If an exemption under subsection (4) applies to a requirement made of a prescribed entity under subsection (2) , the entity must inform the authority in writing of the application of the exemption. The authority must not use relevant material given to, or accessed by, the authority under this section for a purpose other than a rural debt survey conducted under this part. Maximum penalty for subsection (6) —100 penalty units. s 13F ins 2017 No. 7 s 129A (sec.13F-ssec.1) This section applies in relation to the following entities (each a relevant entity )— a bank or other financial institution; another entity that carries on a business lending money to farmers for the purpose of conducting farming businesses. (sec.13F-ssec.2) The authority may, by written notice given to a relevant entity, require the entity to give the authority— stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its possession or control that the authority reasonably requires for the conduct of a rural debt survey; or access to the relevant material. (sec.13F-ssec.3) The notice must state how, and a reasonable period by which, the relevant material, or access to the relevant material, must be given. (sec.13F-ssec.4) The relevant entity must comply with the notice unless— the requirement relates to relevant material that is in someone else’s possession or control and the other person has refused to give the relevant material to the entity despite the entity’s reasonable efforts to obtain it; or complying with the requirement would place the entity in contravention of a law; or the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the authority despite the entity’s reasonable efforts to obtain the consent; or the giving of the relevant material might tend to incriminate the entity; or the relevant material is confidential to the entity or the giving of the relevant material might be to the detriment of the entity’s commercial or other interests. Maximum penalty—100 penalty units. (sec.13F-ssec.5) If an exemption under subsection (4) applies to a requirement made of a prescribed entity under subsection (2) , the entity must inform the authority in writing of the application of the exemption. (sec.13F-ssec.6) The authority must not use relevant material given to, or accessed by, the authority under this section for a purpose other than a rural debt survey conducted under this part. Maximum penalty for subsection (6) —100 penalty units. - (a) a bank or other financial institution; - (b) another entity that carries on a business lending money to farmers for the purpose of conducting farming businesses. - (a) stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its possession or control that the authority reasonably requires for the conduct of a rural debt survey; or - (b) access to the relevant material. - (a) the requirement relates to relevant material that is in someone else’s possession or control and the other person has refused to give the relevant material to the entity despite the entity’s reasonable efforts to obtain it; or - (b) complying with the requirement would place the entity in contravention of a law; or - (c) the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the authority despite the entity’s reasonable efforts to obtain the consent; or - (d) the giving of the relevant material might tend to incriminate the entity; or - (e) the relevant material is confidential to the entity or the giving of the relevant material might be to the detriment of the entity’s commercial or other interests.