Victorian Numbered Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 125

Power to obtain information and documents to monitor compliance

    (1)     The Director may, by notice in writing, require a person who the Director believes is capable of providing information or producing documents that may assist the Director in monitoring compliance with this Act or the regulations—

        (a)     to provide to the Director, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, that information; or

        (b)     to produce to the Director, or to a person specified in the notice acting on the Director's behalf, in accordance with the notice, those documents; or

        (c)     to appear before the Director at a time and place specified in the notice to give that information, either orally or in writing, and produce those documents.

    (2)     A person must not—

        (a)     refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it; or

        (b)     in purported compliance with a notice under this section, knowingly provide information or give evidence that is false or misleading; or

        (c)     obstruct or hinder the Director in exercising a power under this section.

Penalty:     20 penalty units.

    (3)     Subject to subsection (4), a person is not excused from answering a question, providing information or producing or permitting the inspection of a document on the ground that the answer, information or document may tend to incriminate the person.

    (4)     Despite subsection (3), the answer by a person to any question asked in a notice under this section or the provision by a person of any information or the production by any person of a document in compliance with a notice under this section, is not admissible in evidence against the person in any proceedings other than proceedings under this section.

    (5)     If any documents are produced to the Director under this section, the Director may make copies of or take extracts from the documents and retain possession of those copies and extracts.

    (6)     Section 127 does not apply to documents produced under this section.



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