Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32ZB

Director may require the supply of information

32ZB. Director may require the supply of information



(1) The Director may exercise the powers conferred under this section for the
purposes of-

   (a)  facilitating the Director's consideration of a complaint that-

   (i)  a term in a consumer contract is an unfair term; or

   (ii) a term in a standard form contract is a prescribed unfair term; or

   (b)  ascertaining whether a person has complied with a court or Tribunal
        order as to-

   (i)  the continued use, or recommendation for use of a term in a consumer
        contract; or

   (ii) the continued use of a prescribed unfair term in a standard form
        contract.



(2) The Director may, by notice in writing, require any person to supply to
the Director-

   (a)  a copy of the document that is the subject of the complaint or order
        referred to in subsection (1);

   (b)  information about the use or recommendation for use by that person of
        that document in dealings with consumers.

(3) The notice referred to in subsection (2) may be varied or revoked by the
Director by a subsequent notice in writing.

(4) A person to whom the notice is addressed must comply with the notice
within 14 days of receiving it.

(5) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement of the Director under this section within the required
time.

Penalty: 60 penalty units.

(6) It is a reasonable excuse for a natural person to refuse or fail to give
information or do any other thing that the person is required to do by or
under this section, if the giving of the information or the doing of that
other thing would tend to incriminate the person.

(7) Despite subsection (6), it is not a reasonable excuse for a natural person
to refuse or fail to produce a document that the person is required to produce
by or under this section, if the production of the document would tend to
incriminate the person.