South Australian Current Acts South Australian Current Acts55H—Power to obtain information and documents
(1) If the Technical
Regulator has reason to believe that a person is in a position to give
information, or to produce documents, that may be relevant to the dispute, the
Technical Regulator may, by written notice—
(a)
require the person within a period stated in the notice—
(i)
to give the Technical Regulator a written statement of
specified information; or
(ii)
to produce to the Technical Regulator specified documents
or copies of specified documents; or
(b)
require the person to appear before the Technical Regulator at a specified
time and place to give evidence.
(2) A written
statement must, if the Technical Regulator so requires, be verified by
statutory declaration of the person providing the information or, if the
person is a body corporate, an appropriate officer of the body corporate.
(3) If documents
(whether originals or copies) are produced to the Technical Regulator, the
Technical Regulator may—
(a) take
possession of, make copies of, and take extracts from, the documents; and
(b) keep
the documents for as long as is reasonably necessary for the purposes of the
determination.
(4) A person
must—
(a)
comply with a requirement of the Technical Regulator under subsection (1)
or (2); and
(b) if
the person is required to appear as a witness before the Technical
Regulator—comply with further requirements to make an oath or
affirmation, or to answer questions.
Maximum penalty: $10 000.
(5) However, a person
need not give information or produce a document if—
(a) the
information or the contents of the document is the subject of legal
professional privilege, or would tend to incriminate the person of an offence;
and
(b) the
person objects to giving the information or producing the document by giving
written notice of the ground of the objection to the Technical Regulator or,
if the person is appearing as a witness before the Technical Regulator, by an
oral statement of the ground of objection.