New South Wales Consolidated Acts

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Powers of regulator to obtain information

155 Powers of regulator to obtain information

(1) This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will assist the regulator to monitor or enforce compliance with this Act.
(2) The regulator may, by written notice served on the person, require the person to do one or more of the following--
(a) to give the regulator, in 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, that information of which the person has knowledge,
(b) to produce to the regulator, in accordance with the notice, those documents,
(c) to appear before a person appointed by the regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.
(3) The notice must--
(a) state that the requirement is made under this section, and
(b) contain a statement to the effect that a failure to comply with a requirement is an offence, and
(c) if the notice requires the person to provide information or documents or answer questions--
(i) contain a statement about the effect of sections 172 and 269, and
(ii) state that the person may attend with a legal practitioner.
(4) The regulator must not make a requirement under subsection (2) (c) unless the regulator has taken all reasonable steps to obtain the information under subsections (2) (a) and (b) and has been unable to do so.
(5) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.
: Maximum penalty--
(a) in the case of an individual--115 penalty units, or
(b) in the case of a body corporate--575 penalty units.
(6) Subsection (5) places an evidential burden on the accused to show a reasonable excuse.
(7) Section 172 (with any necessary changes) applies to a requirement under this section.
(8) The regulator has the same power to record questions, answers and evidence given orally under this section as an inspector has under section 185A in respect of questions and answers to questions given under Part 9.

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