Victorian Consolidated Legislation

Collusive Practices Act 1965 - SECT 5

Minister may require furnishing of information and production of documents

5. Minister may require furnishing of information and production of documents



(1) Where the Minister has reason to believe that a person (including a
corporation) is capable of giving information or producing documents relating
to matters that constitute, or may constitute, a collusive tendering agreement
or a collusive bidding agreement he may, by notice in writing, require that
person-

   (a)  to furnish to him, by writing signed by that person or, in the case of
        a corporation, by a competent officer of the corporation, within the
        time and in the manner specified in the notice, any such information;
        or

   (b)  to produce to him, or to a person specified in the notice acting on
        his behalf, in accordance with the notice any such documents.

(2) A person shall not-

   (a)  refuse or fail to comply with a notice under this section to the
        extent that he is capable of complying with it; or

   (b)  in purported compliance with such a notice, knowingly furnish
        information that is false or misleading.

Penalty: Imprisonment for three months or 15 penalty units.

(3) A person is not excused from furnishing information or producing a
document in pursuance of this section on the ground that the information or
document might tend to incriminate him, but his answer to any question asked
in the notice, or his furnishing of any other information in pursuance of the
notice, is not admissible in evidence against him in any criminal proceedings,
other than proceedings under this Act.