Victorian Current Acts

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Tribunal order compelling production of information or documents

    (1)     The Commission may apply to the Tribunal for an order requiring a person to provide information or a document or both to the Commission.

    (2)     The Tribunal may make an order referred to in subsection (1) if it is satisfied that—

        (a)     a person is in possession of information or a document that is relevant to an investigation; and

        (b)     the information or document is necessary for the conduct of the investigation.

    (3)     In making an order referred to in subsection (1), the Tribunal must have regard to—

        (a)     any evidence of the impact that making the order would be likely to have on the person's business or other activities; and

        (b)     the extent of disruption or inconvenience that is likely to be caused to the person if the order were made.

    (4)     In making an order referred to in subsection (1), the Tribunal is not required to consider whether the Commission may conduct the investigation under section 127.

    (5)     An order referred to in subsection (1) must specify that the person must do either or both of the following within a reasonable period specified in the order, or on a reasonable date and at a reasonable time specified in the order—

        (a)     give the Commission a document containing information required by the order;

        (b)     produce to the Commission the documents specified in the order.

    (6)     The Tribunal may give directions prohibiting the disclosure of the identity of a person or information that would be reasonably likely to identify a person if the Tribunal considers that preservation of the person's anonymity is necessary—

        (a)     to protect the person's security of employment, privacy or any right protected by the Charter of Human Rights and Responsibilities Act 2006 ; or

        (b)     to protect the person from victimisation.

    (7)     A document referred to in subsection (5)(a) must be signed by the person or, if the person is a body corporate, an officer of the body corporate.

    (8)     The person against whom an order is sought is a party to the proceeding on an application under subsection (1).

S. 132 substituted by No. 26/2011 s. 21.

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