Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 37

General power to obtain information and documents

37. General power to obtain information and documents



(1) If the Commission considers that it is necessary to do so for the purposes
of performing its functions or exercising its powers, the Commission may
require a person that the Commission has reason to believe has any relevant
information or document to provide that information or document to the
Commission.

(1A) For the purposes of subsection (1), the Commission may require the person
to appear before the Commission to provide the information or document.

(2) A requirement must be made in a written notice specifying-

   (a)  the information or document required; and

   (b)  the period of time within which the requirement must be complied with;
        and

   (c)  the form in which the information or copy of the document is to be
        given to the Commission; and

   (ca) whether or not the person is required to appear before the Commission;
        and



   (d)  that the requirement is made under this section.

(3) The notice must include a copy of this Part.

(4) A person who without lawful excuse fails to comply with any requirement
made under this section in a notice given to the person is guilty of an
offence.

Penalty: 120 penalty units.

(5) It is a lawful excuse for the purposes of subsection (4) that compliance
may tend to incriminate the person or make the person liable to a penalty for
any other offence.



* * * * *





(6) A person must not, in purported compliance with a requirement, knowingly
give the Commission information that is false or misleading.

Penalty: 120 penalty units or imprisonment for 6 months.





(7) A person must not-

   (a)  threaten, intimidate or coerce another person; or

   (b)  take, threaten to take, incite or be involved in any action that
        causes another person to suffer any loss, injury or disadvantage-

because that other person complied, or intends to comply, with a requirement
made under this section. Penalty: 120 penalty units.

(8) A person is not liable in any way for any loss, damage or injury suffered
by another person because of the giving in good faith of any information or a
document to the Commission under this section.