Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 522

The ACMA may obtain information and documents from other persons

  (1)   This section applies to a person if the ACMA has reason to believe that the person:

  (a)   has information or a document that is relevant to:

  (i)   the performance of any of the ACMA's telecommunications functions; or

  (ii)   the exercise of any of the ACMA's telecommunications powers; or

  (b)   is capable of giving evidence which the ACMA has reason to believe is relevant to:

  (i)   the performance of any of the ACMA's telecommunications functions; or

  (ii)   the exercise of any of the ACMA's telecommunications powers.

  (2)   The ACMA may, by written notice given to the person, require the person:

  (a)   to give to the ACMA, within the period and in the manner and form specified in the notice, any such information; or

  (b)   to produce to the ACMA, within the period and in the manner specified in the notice, any such documents; or

  (c)   to make copies of any such documents and to produce to the ACMA, within the period and in the manner specified in the notice, those copies; or

  (d)   if the person is an individual--to appear before the ACMA at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

  (e)   if the person is a body corporate or a public body--to cause a competent officer of the body to appear before the ACMA at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

  (f)   if the person is a partnership--to cause an individual who is:

  (i)   a partner in the partnership; or

  (ii)   an employee of the partnership;

    to appear before the ACMA at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

  (3)   A person must comply with a requirement under subsection   (2).

  (4)   A person commits an offence if:

  (a)   the ACMA has given a notice to the person under subsection   (2); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes a requirement in the notice.

Penalty:   20 penalty units.

  (5)   A notice under this section must set out the effect of subsection   (4) and section   525.

  (6)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.



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