Commonwealth Numbered Regulations

1996 No. 72 AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 19

19. (1) If the ACCC reasonably believes that a party is capable of providing
information or producing a document that is relevant to a dispute or to an
inquiry:

   (a)  the Chairperson of the ACCC; or

   (b)  a member of the ACCC who:

        (i)    is nominated in writing by the Chairperson for the purposes of
               this regulation; or

        (ii)   presides over the inquiry; may give written notice to the party
               to provide the information or produce the document at a place
               and within a period, or on a date and at a time, specified in
               the notice.

(2) If a party is given a notice, the party must:

   (a)  provide to the ACCC information referred to in subregulation (1) that
        is specified in the notice; and

   (b)  produce to the ACCC a document, or a copy of a document, referred to
        in that subregulation that is described in the notice; at the place
        and within the period, or on the date and at the time, specified in
        the notice.

(3) If a party fails to comply with a notice, the ACCC may draw an inference
from the failure that is adverse to the party.

(4) This regulation is not to be taken as limiting the powers of the ACCC
under subregulation 17 (2). (NOTES: 1. A person supplying confidential
commercial information under this regulation may make a request under
regulation 21. 2. This regulation is in addition to more specific provisions
in this Part under which a person may be required to supply particular
information or documents (for example, subregulation 9 (2) and regulation 11).
3. See subregulation 14 (5) for the effect of delay in supplying information
or a document on the time limit for an inquiry.)