5. (1) ACCC is entitled to obtain and retain custody, in accordance with the Trade Practices Act, of:

(a)

any document or copy of, or extract from, a document referred to in section 148 of the Trade Practices Act as in force immediately before the commencement date; and

(b)

any information given to TPC in compliance with a notice served under subsection 155 (1) or (4), or subsection 155A (1), of the Trade Practices Act ; and

(c)

any copy made of a document, or extract taken from a document, under subsection 155 (2) or subsection 156 (1) of the Trade Practices Act; and

(d)

any other document or information kept, produced or received by TPC in the exercise of its powers or the carrying out of its functions under the Trade Practices Act or any other Act;

that is retained immediately before the commencement date by TPC.

(2)

ACCC may obtain possession of any information or document:

(a)

provided to TPC under section 155B of the Trade Practices Act; and

(b)

retained immediately before the commencement date by TPC.

(3)

ACCC must transmit to the New Zealand Commerce Commission as soon as practicable any information or document obtained under subregulation (2).

(4)

ACCC may obtain and, for as long as is necessary for the purposes of the Trade Practices Act, retain possession of any document:

(a)

taken by TPC under subsection 156 (2) of the Trade Practices Act; and

(b)

retained immediately before the commencement date by TPC.

(5)

If, before the commencement date, TPC had not supplied the person otherwise entitled to possession of a document obtained under subregulation (4) with a certified copy of the document:

(a)

the person is entitled to be supplied, as soon as practicable, with a copy of the document, certified by a member of ACCC to be a true copy; and

(b)

until a certified copy is supplied, ACCC must permit that person, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

(6)

A copy of a document, certified under paragraph (5) (a), is to be received in all courts as evidence as if it were the original.

(7)

Any document or information retained by ACCC under this regulation forms part of the records of ACCC.