25Secretary may obtain information and documents

25 Secretary may obtain information and documents

Scope (1) This section applies if the Secretary has reason to believe that a person has information or a document that is relevant to: (a) determining whether the person is required to pass the access test in relation to a particular port terminal service; or (b) determining whether the person passed the access test in relation to a particular port terminal service at a particular time; or (c) a function or power of WEA under the old Act. Requirement (2) The Secretary may, by written notice given to the person, require the person: (a) to give to the Secretary, within the period and in the manner and form specified in the notice, any such information; or (b) to produce to the Secretary, within the period and in the manner specified in the notice, any such documents. (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. Compliance (5) A person must comply with a requirement under subsection (2). Ancillary contraventions (6) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (5); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (5); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (5); or (d) conspire with others to effect a contravention of subsection (5). Civil penalty provisions (7) Subsections (5) and (6) are civil penalty provisions.

Note: Part 8 provides for pecuniary penalties for breaches of civil penalty provisions.