Australian Capital Territory Consolidated Acts

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FAIR TRADING (CONSUMER AFFAIRS) ACT 1973 - SECT 13

Investigator may require giving of information and producing of documents

    (1)     An investigator making an investigation—

        (a)     on giving a person other than a corporation a warning, orally or in writing, of his or her obligation to comply with a requirement under this section, may, by written notice, require that person—

              (i)     to give to the investigator, by writing signed by that person, information specified in the notice; or

              (ii)     to give to the investigator, orally, information specified in the notice; or

              (iii)     to produce to the investigator a document specified in the notice;

        (b)     may, on giving a person being a corporation a written warning of its obligation to comply with a requirement under this section, by written notice, require the person—

              (i)     to give to the investigator, through a competent officer of the corporation by writing signed by that officer, information specified in the notice; and

              (ii)     to give to the investigator, through such a competent officer, orally, information specified in the notice; and

              (iii)     to produce to the investigator, through such a competent officer, a document specified in the notice; and

        (c)     may require a person referred to in paragraph (a) or (b) so to give the information or produce the document—

              (i)     at a place specified in the notice; and

              (ii)     at or within a time specified in the notice.

    (2)     A person who, without reasonable excuse, fails to comply with a requirement under this section commits an offence.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     A reference in this section to information or a document specified in a notice under this section is a reference to information or a document, as the case may be, reasonably required for this Act.

    (4)     An investigator who enters premises under section 12 is not authorised to remain on the premises if the investigator does not produce his or her identity card for inspection if asked to do so by the occupier or a person apparently in charge of the premises.



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