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LOCAL GOVERNMENT REGULATION 2012 - REG 50
Power to require certain information from relevant local government or corporatised business entity
50 Power to require certain information from relevant local government or
corporatised business entity
(1) When investigating a competitive neutrality complaint, the competition
authority may give an information requirement notice to— (a) the relevant
local government; or
(b) if a corporatised business entity is conducting the
business activity—the corporatised business entity.
(2) An
"information requirement notice" is a written notice that states the relevant
local government or corporatised business entity is required to— (a) give
the competition authority stated information relevant to the complaint within
a stated period; or
(b) produce a stated document relevant to the complaint
to the competition authority at a stated time and place.
(3) The relevant
local government or corporatised business entity must comply with the notice
unless— (a) the stated information or document is subject to legal
professional privilege, parliamentary privilege or public interest immunity;
or
(b) giving the stated information or document to the competition authority
is prohibited under an Act; or
(c) giving the stated information or document
to the competition authority could reasonably be expected to prejudice the
investigation of a contravention, or possible contravention, of a law.
(4)
The relevant local government or corporatised business entity is not liable
for a breach of a contract, confidence or duty for giving the competition
authority a copy of the stated information, or producing the stated document
to the authority, in compliance with the notice.
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