ANTI-DISCRIMINATION ACT 1977 - SECT 90B Supplying information and documents

ANTI-DISCRIMINATION ACT 1977 - SECT 90B

90B Supplying information and documents

(1) The President may, by notice in writing, require a complainant or a person against whom a complaint is made to provide--

(a) information (orally or in writing), or

(b) documents,

(such information or documents, or both, being referred to in this section as
"the relevant material" ) within 28 days after the date of the notice or such other period as the President determines and specifies when making the requirement.

(2) A person of whom a requirement is made under subsection (1)--

(a) must provide to the President any of the relevant material that is in the person's possession, custody or control within the period specified in the notice, unless the person has a reasonable excuse for not doing so, and

(b) must, if the person has a reasonable excuse for not providing the relevant material, or any part of it, give notice to the President of the excuse and of the relevant material to which the excuse relates within the period specified in the notice under subsection (1).

: Maximum penalty--50 penalty units, in the case of a body corporate, or 10 penalty units in any other case.

(3) The President may, by notice in writing, require a person other than a person referred to in subsection (1) to supply the relevant material within 28 days after the date of the notice or such other period as the President determines and specifies in the notice.

(4) A person who receives a notice under subsection (3)--

(a) must provide to the President any of the relevant material specified in the notice that is in the person's possession, custody or control within the period specified in the notice, unless the person has a reasonable excuse for not doing so, and

(b) must, if the person has a reasonable excuse for not providing the relevant material, or any part of it, give notice to the President of the excuse and of the relevant material to which the excuse relates within the period specified in the notice under subsection (3).

: Maximum penalty--50 penalty units, in the case of a body corporate, or 10 penalty units in any other case.

(5) If the relevant material is not provided or supplied under subsection (2) or (4), the President may refer the complaint to the Tribunal.