COMPETITION AND CONSUMER ACT 2010 - SECT 60H Information - gathering powers

COMPETITION AND CONSUMER ACT 2010 - SECT 60H

  (1)   A member of the Commission may, by written notice given to a person, require the person:

  (a)   to give the Commission specified information in writing signed by:

  (i)   the person; or

  (ii)   if the person is a body corporate--a competent officer of the body corporate; or

  (b)   to produce to the Commission specified documents;

if:

  (c)   the information, or information contained in the documents, relates to prices or the setting of prices; and

  (d)   the member reasonably believes that the information, or information contained in the documents, will or may be useful to the Commission in monitoring prices as mentioned in any of subsections   60G(1) to (9).

Note:   Sections   137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

  (2)   Information or documents that may be required under subsection   (1) may relate to prices, or the setting of prices:

  (a)   before or after the carbon tax repeal; and

  (b)   before or after the start of the carbon tax repeal transition period; and

  (c)   in a situation, or during a period, specified in the notice.

  (3)   Subsection   (2) does not limit subsection   (1).

  (4)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (1); and

  (b)   the person is capable of complying with the requirement; and

  (c)   the person omits to do an act; and

  (d)   the omission breaches the requirement.

Penalty:   20 penalty units.

  (5)   An individual is excused from giving information or producing a document in accordance with a requirement under subsection   (1) on the ground that the information or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

Section does not limit section   60FA

  (5A)   This section does not limit section   60FA (which is about carbon tax removal substantiation notices).

Section does not limit section   155

  (6)   This section does not limit section   155 (which is about the general information - gathering powers of the Commission).