South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 37A—Minister's power to require information
or documents
(1) Section
37A(1)—delete subsection (1) and substitute:
(1) The Minister may
require a person—
(a) to
give the Minister within a specified time specified information; or
(b) to
produce to the Minister within a specified time specified documents,
that the Minister reasonably requires to determine the sufficiency of gas
supply, frame directions, plan for the future exercise of powers under this
Division or otherwise administer or enforce this Division (or regulations made
for the purposes of this Division).
(1a) The power of the
Minister to require information includes (without limitation) power to require
a seller of gas affected by directions under this Division—
(a) to
conduct an audit of the seller's compliance with regulations made for the
purposes of this Division; and
(b) to
report the results of the audit to the Minister.
(2) Section
37A(2)—after "information" insert:
or produce documents
(3) Section
37A(2)—delete the penalty provision and substitute:
Maximum penalty: $100 000.
(4) Section
37A—after subsection (2) insert:
(3) If a person is
required to give information or produce a document under this section and the
information or document would tend to incriminate the person of an offence,
the person must nevertheless give the information or produce the document,
but—
(a) if
the person is a natural person, the information or document so given or
produced will not be admissible in evidence against the person in proceedings
for an offence (other than an offence relating to the making of a false or
misleading statement or declaration); and
(b) if
the person is a body corporate—
(i)
the information or document so given or produced will not
be admissible in evidence against a director of the body corporate in
proceedings for an offence (other than an offence relating to the making of a
false or misleading statement or declaration); and
(ii)
a director will not be guilty of an offence (other than
an offence relating to the making of a false or misleading statement or
declaration) as a result of the body corporate having been found guilty of an
offence in proceedings in which the information or document so given or
produced was admitted in evidence against the body corporate.