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COMMERCE ACT 1986 - SECT 98H

Supply of information and documents in relation to section 36A

98H Supply of information and documents in relation to section 36A

1 Where the Commission considers it necessary or desirable for the purposes of carrying out its functions and exercising its powers under this Act in relation to section 36A , the Commission may by notice in writing served on any person who is ordinarily resident in Australia or who carries on business in Australia, require that person
a) to furnish to the Commission, by writing signed by that person or, in the case of a body corporate, by a director or competent servant or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b) to produce to the Commission, or to a person specified in the notice acting on its behalf in accordance with the notice, any document or class of documents specified in the notice.
2 A person who is required to furnish information or a class of information or produce any document or class of documents to the Commission pursuant to this section complies with this section if that person furnishes the information or that class of information or produces the document or that class of documents to the Australian Competition and Consumer Commission in accordance with the Competition and Consumer Act 2010.
History: Section 98H: inserted, on 1 July 1990, by section 34 of the Commerce Amendment Act 1990 (1990 No 41).   Section 98H(2): amended, on 15 August 2017, by section 32(2)(c) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).     Section 98H(2): amended, on 2 September 1996, by section 8 of the Commerce Amendment Act 1996 (1996 No 113).  



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