66HRequiring person to give evidence or provide documents

66H Requiring person to give evidence or provide documents

[Section 66H of Part 3 Inserted by No. 28 of 2020, s. 46, Applied:30 Dec 2020]

(1)  For the purposes of an investigation, the Regulator may require a person, by written notice to the person, to do any one or more of the following:

(a) attend before the Regulator and answer questions which, in the opinion of the Regulator, are relevant to the investigation;

(b) provide to the Regulator, in the manner specified in the notice, any document specified in the notice which is in the person’s possession or control and which, in the opinion of the Regulator, is relevant to the investigation;

(c) provide to the Regulator, in the manner specified in the notice, any other information specified in the notice which, in the opinion of the Regulator, is relevant to the investigation.

(2)  A person who attends before the Regulator under a requirement referred to in subsection (1)(a) may, at the Regulator’s discretion, be paid by the Regulator –

(a) the prescribed allowances and expenses; or

(b) if the regulations do not prescribe any allowances or expenses, the allowances and the expenses that the Minister determines by notice published in the Gazette.

(3)  For the purposes of an investigation, the Regulator may require the Commission to provide to the Regulator information supplied to the Commission under section 97 .

(4)  Despite subsection (1) , the Regulator must not require a person –

(a) to answer a question, or provide information, if to do so would require the person to divulge information contained in or relating to a Cabinet record; or

(b) to provide to the Regulator a Cabinet record.

(5)  A notice under subsection (2)(b) is not a statutory rule for the purposes of the Rules Publication Act 1953 .