Northern Territory Consolidated Acts

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CONSUMER AFFAIRS AND FAIR TRADING ACT - SECT 22

Power to obtain information, documents and evidence

22. Power to obtain information, documents and evidence

(1) Where a person who is an authorised officer for the purposes of a Part of this Act believes on reasonable grounds that another person is capable of furnishing information, producing documents or giving evidence in relation to a possible contravention of that Part, or of regulations or a code of practice made for the purposes of or prescribed under that Part, he or she may serve on that other person a notice under subsection (2).

(2) A notice under this subsection may require the person on whom it is served:

(a) to furnish in writing to the Commissioner, within the time and in the manner specified in the notice, any information referred to in subsection (1) of which that person has knowledge;

(b) to produce to the Commissioner, in accordance with the notice, any documents referred to in subsection (1); or

(c) to appear before the Commissioner at a time and place specified in the notice, and give any evidence referred to in subsection (1) and produce any documents so referred to.

(3) Where a document has been produced in response to a notice under subsection (2), the Commissioner may:

(a) inspect the document and take copies of or extracts from it; and

(b) if the person otherwise entitled to possession of the document is supplied as soon as practicable with a copy certified by the Commissioner to be a true copy, retain possession of the document for as long as is necessary for the purposes of this Act.

(4) A certified copy of a document provided under subsection (3)(b) is admissible in all courts as if it were the original.

(5) Until a certified copy of a document is provided under subsection (3)(b), the Commissioner shall, at such times and places as the Commissioner thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect the document and take copies of or extracts from it.



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