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FAIR TRADING ACT 1987 - SECT 20
Power to obtain information, documents and evidence
20 Power to obtain information, documents and evidence
(1) This section applies only to a person who is, on reasonable grounds,
believed by the Secretary to be capable of giving information, producing
documents or giving evidence in relation to-- (a) a possible contravention of
this Act or any other legislation administered by the Minister, or
(a1) the
possible inclusion of an unfair term in a consumer contract or
small business contract that is a standard form contract (as referred to in
Part 2-3 of the ACL), or
(b) a matter that may lead to the reference of a
question to an advisory committee, or
(c) a matter that is the subject of a
complaint received by the Secretary under section 9 (1) (c), or
(d) a matter
that is the subject of an investigation by the Secretary under section 9 (2),
or
(e) unsafe consumer goods, or
(f) unsafe product related services.
(2)
An investigator or the Secretary may, by notice in writing served on a person
to whom this section applies, require the person-- (a) to give an investigator
or the Secretary, by writing signed by the person (or, in the case of a body
corporate, by a competent officer of the body corporate) and within the time
and in the manner specified in the notice, any information referred to in
subsection (1) of which the person has knowledge,
(b) to produce to an
investigator or the Secretary, in accordance with the notice, any documents
referred to in subsection (1), or
(c) to appear before an investigator, the
Secretary or an authorised person at a time and place specified in the notice
and give either orally or in writing any evidence referred to in subsection
(1) and produce any documents so referred to.
(3) A person shall not-- (a)
refuse or fail to comply with a notice under this section to the extent that
the person is capable of complying with it, or
(b) in purported compliance
with such a notice, knowingly give information or produce a document, or give
evidence, that is false or misleading.
: Maximum penalty--20 penalty units.
(4) A person is not excused from giving information or producing a document,
or from giving evidence, in response to a notice under this section on the
ground that the information, document or evidence may tend to incriminate the
person.
(5) Any information, document or evidence obtained from a person in
response to a notice under this section is inadmissible against the person in
criminal proceedings other than proceedings for a contravention of subsection
(3).
(6) Despite section 8 of this Act, the Secretary may only delegate his
or her functions under this section to a person who is an employee.
(7) If
requested to do so by a person required to comply with a notice given under
this section by a delegate of the Secretary, the delegate must provide the
person with evidence of that person's identity and evidence of the delegation
that enables the delegate to give the notice.
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