Commonwealth Numbered Acts

PETROLEUM PRODUCTS PRICING ACT 1981 No. 117, 1981 - SECT 26

26. (1) Subject to sub-section (2), the Commissioner or an associate
Commissioner may, by notice in writing under his hand served on a company,
require the company-

   (a)  to furnish to the Authority, by writing signed by a competent officer
        of the company, within the time and in the manner specified in the
        notice, such information in relation to the affairs of the company as
        is so specified; or

   (b)  to produce to the Authority, in accordance with the notice, such
        documents in relation to the affairs of the company as are specified
        in the notice.

(2) The power of the Commissioner under sub-section (1) to require a company
to furnish information or produce documents applies only to information that
is or documents that are-

   (a)  relevant to the consideration by the Authority of the matters
        contained in a notice given to the Authority by the company under
        paragraph 19 (1) (a), 19 (2) (a) or 19 (3) (c); or

   (b)  relevant to an inquiry that is being held in relation to the company.

(3) The power of an associate Commissioner under sub-section (1) to require a
company to furnish information or produce documents applies only to
information that is or documents that are relevant to an inquiry that is being
held in relation to the company, being the inquiry for the purposes of which
the associate Commissioner was appointed.

(4) A company shall not-

   (a)  refuse or fail, without reasonable excuse, to comply with a notice
        under this section; or

   (b)  in purported compliance with such a notice, knowingly furnish
        information that is false or misleading.

Penalty: $1,000.

(5) Subject to sub-section (6), where, in pursuance of a notice served on a
company in relation to information or documents to which paragraph (2) (b) or
sub-section (3) applies, a company furnishes information or produces documents
to the Authority in connection with an inquiry that is being held by the
Authority, the Authority shall make the information or documents available to
the public in such manner as the Authority thinks fit.

(6) Notwithstanding anything contained in this section, if a company claims
that information furnished, or contained in a document produced, by the
company in accordance with this section in relation to an inquiry held, or
proposed to be held, in relation to the company is confidential information
and the Authority is satisfied that the claim is justified, the Authority
shall take all reasonable steps to ensure that the information is not, without
the consent of the company, disclosed, in the proceedings or by the Authority,
to any person other than-

   (a)  the Commissioner;

   (b)  an associate Commissioner appointed for the purposes of that inquiry;
        or

   (c)  a consultant to the Authority or member of the staff of the Authority
        receiving the information in the course of his duties, but this
        sub-section does not apply in relation to a disclosure of information
        other than information relating to a secret formula or process where
        the disclosure is, in the opinion of the Authority, necessary in the
        public interest.
(7) In sub-section (6) ''confidential information'' means information relating
to a secret formula or process or other information the disclosure of which
would damage the competitive position of the company.