New South Wales Consolidated Acts

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 59

59 Requirement to provide information

(1) This section applies if a corporation or the trustee of a trust is the subject of a prohibition under this Part.

(2) The Director-General may require the corporation or trustee to provide information that the Director-General may reasonably require to ascertain the identity of each person who has a management role or substantial interest in the corporation or a substantial interest in the trust.

(3) The Director-General may require any person who the Director-General reasonably believes has a management role or substantial interest in the corporation or a substantial interest in the trust to provide information that the Director-General may reasonably require to ascertain:

(a) the identity of each corporation in which that person has a management role or substantial interest, or

(b) the identity of the trustee and any manager of a trust in which that person has a substantial interest.

(4) A requirement to provide information is to be imposed by written notice served on the person, corporation or trustee concerned. The notice must specify a period of not less than 7 days as the period within which the required information must be provided.

(5) A person who fails, without reasonable excuse, to comply with a requirement of a notice under this section is guilty of an offence.

Maximum penalty:

(a) in the case of a corporation, 400 penalty units for a first offence or 800 penalty units for a second or subsequent offence, or

(b) in any other case, 200 penalty units for a first offence or 400 penalty units for a second or subsequent offence.