Western Australian Current Acts Western Australian Current Acts (1) This section
applies if the regulator has reasonable grounds to believe that a person is
capable of giving information, providing documents or giving evidence in
relation to a possible contravention of this Act or that will assist the
regulator to monitor or enforce compliance with this Act.
(2) The regulator may,
by written notice given to the person, require the person to do 1 or more of
the following —
(a) to
give the regulator, in writing signed by the person (or in the case of a body
corporate, by a competent officer of the body corporate) and within the time
and in the manner specified in the notice, that information of which the
person has knowledge;
(b) to
provide to the regulator, in accordance with the notice, those documents;
(c) to
appear before a person appointed by the regulator at a reasonable time and
place determined by that person and do whichever of the following is specified
in the notice —
(i)
give that evidence orally;
(ii)
give that evidence in writing;
(iii)
provide those documents.
(3) The notice must
—
(a)
state that the requirement is made under this section; and
(b)
contain a statement to the effect that a failure to comply with a requirement
is an offence; and
(c) if
the notice requires the person to provide information or documents or answer
questions — contain a statement about the effect of sections 172 and 269
and, if relevant, section 155A(5) and (6).
(4) The powers under
subsection (2)(b) and (c)(iii) include (without limitation) the power to
require that a copy or reproduction of a document be provided in the form set
out in the notice (in addition to, or instead of, the document itself).
(5) Without limiting
subsections (1) and (2), a notice may be given to a person, and a requirement
stated in a notice applies to the person to whom the notice is given, even if
any of the following is the case —
(a) the
person is outside the State;
(b) any
relevant document is outside the State;
(c) any
relevant information, document or evidence relates to a matter occurring
outside the State.
(6) A person must not,
without reasonable excuse, refuse or fail to comply with a requirement under
this section.
Penalty for this subsection:
(a) for
an individual, a fine of $12 500;
(b) for
a body corporate, a fine of $55 000.
(7) Subsection (6)
places an evidential burden on the accused to show a reasonable excuse.
(8) Section 172 (with
any necessary changes) applies to a requirement under this section.