New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 29

29 Attendance of witnesses and production of documents

(1) For the purpose of considering a question referred to it, the Products Safety Committee may, by notice in writing signed by the Chairperson or by a member of the Committee on behalf of the Chairperson:

(a) require any person to attend at a time and place specified in the notice and to give evidence before the Committee or a member of the Committee nominated by it for the purpose, or

(b) require any person to produce, at a time and place specified in the notice, to the Committee or to a member of the Committee nominated by it for the purpose, any goods or documents described in the notice that are in the custody, or under the control, of the person and are relevant to the question.

(2) The Products Safety Committee may take goods so produced, after paying a fair price for them, and cause to be conducted such tests and examinations with respect to them as it considers necessary for the purpose of determining whether or not they may be dangerous.

(3) A person is not compellable to give any evidence before, or produce any document to, the Products Safety Committee which the person could not be compelled to give or produce in civil proceedings before the Supreme Court.

(4) A person is not required to attend in response to a notice under subsection (1) (a) unless the reasonable expenses of attendance are paid or tendered to the person.

(5) A person shall not:

(a) without reasonable excuse, refuse or fail to do anything required of the person by a notice under subsection (1),

(b) in response to such a notice, knowingly give evidence that is false or misleading because it includes false or misleading matter or omits material matter, or

(c) alter, suppress or destroy any document which the person is required by such a notice to produce.

Maximum penalty (subsection (5)): 20 penalty units.