Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(a) by notice in writing given to the authorised distributor, require the distributor, within 14 days after the day on which the notice is given and at a place specified in the notice—
(i) to furnish in writing such information relating to the system or its operation as is specified in the notice; or
(ii) to produce such documents or other records relating to the system or its operation as are specified in the notice; or
(b) where the Controller or an inspector believes on reasonable grounds that an officer or employee of the authorised distributor is capable of providing information or producing documents or records relating to the system or its operation—by notice in writing given to the officer or employee, require him or her within 14 days after the day on which the notice is given and at a place specified in the notice—
(i) to furnish in writing such information relating to the system or its operation as is specified in the notice; or
(ii) to produce such documents or other records relating to the system or its operation as are specified in the notice.
(2) Where documents or other records are produced to the Controller or an inspector in accordance with subsection (1), the Controller or inspector—
(a) may take possession of and make copies of, or take extracts from, the documents or other records; and
(b) shall not retain possession of the documents or other records for more than 90 days unless—
(i) it is necessary and reasonable to do so in order to complete the investigation to which the documents or records relate; or
(ii) a prosecution for an offence against this Act has been instituted within that period.
(3) A person served with a notice under paragraph (1) (a) or (b) shall not, without reasonable excuse, fail to comply with the notice.
Penalty:
(a) if the offender is a natural person—$1,000;
(b) if the offender is a body corporate—$5,000.
(4) A person shall not, in purported compliance with a notice under paragraph (1) (a) or (b), knowingly or recklessly—
(a) make a statement that is false or misleading in a material particular; or
(b) give the Controller or inspector a document or record containing information that is false or misleading in a material particular without—
(i) indicating to the Controller or inspector that the document or record is false or misleading and the respect in which it is false or misleading; and
(ii) providing correct information to the Controller or inspector if the person has, or can reasonably obtain, the correct information.
Penalty:
(a) if the offender is a natural person—$1,000;
(b) if the offender is a body corporate—$5,000.
(5) A person is not excused from providing any information or from producing a document or other record when requested to do so under subsection (1) on the ground that providing the information or producing the document or record might tend to incriminate the person, but the information or the production of the document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against this Act.