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HORTICULTURE MARKETING AND RESEARCH AND DEVELOPMENT SERVICES ACT 2000 - SECT 30

Commonwealth access to information etc.

  (1)   The Secretary may only exercise powers under subsection   (2) if:

  (a)   the Secretary suspects actionable conduct by a body (the current or former industry body ) that is the industry services body, or is the industry export control body, or was formerly the industry services body or was formerly the industry export control body; and

  (b)   the powers are exercised for the purposes of investigating, or assisting in the investigation, of suspected actionable conduct by the current or former industry body.

Note:   For the meaning of actionable conduct , see section   4.

  (2)   The Secretary may, by written notice given to a person, require the person to do either or both of the following:

  (a)   give to the Secretary copies of documents:

  (i)   in the person's possession or control; and

  (ii)   that are, or were, related to the current or former industry body;

    within the period and in the manner specified in the notice; and

  (b)   give to the Secretary information about specified matters relating to the body, within the period and in the manner specified in the notice.

The period specified in the notice must end at least 14 days after the notice was given.

  (3)   The person must:

  (b)   comply with any notice given to it under subsection   (2); and

  (c)   give the Secretary any information, explanation or assistance reasonably required to understand any copies or information given under subsection   (2).

  (4)   Copies and information given under subsection   (2) may only be used for one or more of the following purposes:

  (a)   investigating, or assisting in the investigation, of suspected actionable conduct by the current or former industry body;

  (b)   a purpose related to this Act, the regulations or orders, or the deed of agreement relating to the body.


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