Commonwealth Consolidated Acts

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Power to obtain information and documents in New Zealand relating to trans-Tasman markets

             (1)  Where the Commission, the Chairperson or a Deputy Chairperson has reason to believe that a person is capable of furnishing information or producing documents relating to a matter that constitutes, or may constitute, a contravention of section 46A, a member of the Commission may, by written notice served on the person in New Zealand, require the person:

                     (a)  to furnish to the Commission, by writing signed by the 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, any such information; or

                     (b)  to produce to the Commission, or to a person specified in the notice acting on behalf of the Commission, in accordance with the notice, any such documents.

             (2)  The person may comply with the notice by providing the information or document to the New Zealand Commerce Commission for transmission to the Australian Competition and Consumer Commission.

             (3)  Nothing in this section implies that notices may not be served under this section and section 155 in relation to the same conduct.

             (4)  This section binds the Crown in all its capacities.

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