TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 155 Power of Commission to obtain information, documents and evidence.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 155

155. (1) Where the Commission, the Chairman or the Deputy Chairman has reason
to believe that a person is capable of furnishing information, producing
documents or giving evidence relating to a matter that constitutes, or may
constitute, a contravention of this Act, a member of the Commission may, by
notice in writing served on that person, 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 competent officer of the body
        corporate, within the time and in the manner specified in the notice,
        any such information;

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

   (c)  to appear before the Commission at a time and place specified in the
        notice to give any such evidence, either orally or in writing, and
        produce any such documents.

(2) Where the Commission, the Chairman or the Deputy Chairman has reason to
believe that a person has engaged or is engaging in conduct that constitutes,
or may constitute, a contravention of this Act, a member of the Commission
may, for the purpose of ascertaining by the examination of documents in the
possession or control of the person whether the person has engaged or is
engaging in that conduct, authorize, by writing signed by the member, a member
of the staff assisting the Commission (in this section referred to as an

"authorized officer") to enter any premises, and to inspect any documents in
the possession or under the control of the person and make copies of, or take
extracts from, those documents.

(3) The Commission may require the evidence referred to in paragraph (1) (c)
to be given on oath or affirmation and for that purpose any member of the
Commission may administer an oath or affirmation.

(4) Where-

   (a)  particulars of an agreement were furnished to the Commissioner of
        Trade Practices under section 42 of the Restrictive Trade Practices
        Act 1971 or of that Act as amended; or

   (b)  particulars of an agreement were furnished to the Commissioner of
        Trade Practices under section 42 of the Trade Practices Act 1965 or of
        that Act as amended, being particulars that would have been required
        to be furnished under section 42 of the Restrictive Trade Practices
        Act 1971 if that Act had been in force when they were furnished, and
        it appears to a member of the Commission that the agreement would, if
        still in force-

   (c)  constitute a contract, arrangement or understanding to which
        section 45 of this Act applies; or

   (d)  provide for the engaging in conduct that is prohibited by this Act,
        the member of the Commission may, by notice in writing served on a
        person who appeared from those particulars to be a party to the
        agreement, require that person to inform the Commission, by writing
        signed by that 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, whether any action was taken by the
        parties to the agreement to terminate the agreement and, if so, the
        nature and full particulars of that action.

(5) A person shall not-

   (a)  refuse or fail to comply with a notice under this section to the
        extent that the person is capable of complying with it;

   (b)  in purported compliance with such a notice, knowingly furnish
        information or give evidence that is false or misleading; or

   (c)  obstruct or hinder an authorized officer acting in pursuance of
        sub-section (2).

Penalty: $1,000 or imprisonment for 3 months.

(6) The occupier or person in charge of any premises that an authorized
officer enters in pursuance of sub-section (2) shall provide the authorized
officer with all reasonable facilities and assistance for the effective
exercise of his powers under that sub-section.

Penalty: $1,000 or imprisonment for 3 months.

(7) A person is not excused from furnishing information or producing or
permitting the inspection of a document in pursuance of this section on the
ground that the information or document may tend to incriminate the person,
but the answer by a person to any question asked in a notice under this
section or the furnishing by a person of any information in pursuance of such
a notice, or any document produced in pursuance of such a notice or made
available to an authorized officer for inspection, is not admissible in
evidence against the person-

   (a)  in the case of a person not being a body corporate-in any criminal
        proceedings other than proceedings under this section; or

   (b)  in the case of a body corporate-in any criminal proceedings other than
        proceedings under this Act.