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NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 71

Power to request information

  (1)   This section applies to a person if the Regulator has reason to believe that information (the compellable information ) relating to whether this Act or the associated provisions has been complied with is in a person's possession, custody or control (whether held electronically or in any other form).

  (2)   The Regulator may, in writing, require the person to give specified compellable information to the Regulator:

  (a)   within a specified period of time; and

  (b)   in a specified form or manner.

  (3)   The person must not fail to comply with a requirement under this section.

Civil penalty:   50 penalty units.

  (4)   The person must not, in purported compliance with a requirement under this section, give to the Regulator information that is false or misleading in a material particular.

Civil penalty:   60 penalty units.

  (5)   Subsection   (3) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:

  (a)   of a commercial nature; or

  (b)   subject to an obligation of confidentiality arising from a commercial relationship; or

  (c)   commercially sensitive.

  (6)   Subsection   (3) does not apply in relation to compellable information if giving the information might tend to incriminate the person or expose the person to a penalty.



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