Victorian Current Acts

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 126

    (1)     If the Director believes that a person is capable of providing information, producing documents or giving evidence relating to a matter that constitutes, or may constitute, a contravention of this Act, the Director may, by notice in writing, require that person—

        (a)     to provide to the Director, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, that information; or

        (b)     to produce to the Director, or to a person specified in the notice acting on the Director's behalf, in accordance with the notice, those documents; or

        (c)     to appear before the Director, or a person specified in the notice acting on the Director's behalf, at a time and place specified in the notice to give that evidence, either orally or in writing, and produce those documents.

    (2)     The Director or the person specified in the notice acting on the Director's behalf may require the evidence referred to in subsection (1)(c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.

S. 126(2A) inserted by No. 23/2016 s. 3.

    (2A)     The Director may exercise, or continue to exercise, a power under subsection (1) in relation to a matter referred to in that subsection until—

        (a)     the Director commences a proceeding in relation to the matter (other than a proceeding for an injunction, whether interim or final); or

        (b)     the close of pleadings in relation to an application by the Director for a final injunction in relation to the matter.

    (3)     A person must 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 a notice under this section, knowingly provide information or give evidence that is false or misleading; or

        (c)     obstruct or hinder the Director in exercising a power under this section.

Penalty:     60 penalty units.

    (4)     Subject to subsection (5), a person is not excused from answering a question, providing information or producing or permitting the inspection of a document on the ground that the answer, information or document may tend to incriminate the person.

    (5)     Despite subsection (4), the answer by a person to any question asked in a notice under this section or the provision by a person of any information in compliance with a notice under this section, is not admissible in evidence against the person—

        (a)     in the case of a person not being a body corporate—in any criminal proceedings other than proceedings under this section; or

        (b)     in the case of a body corporate—in any criminal proceedings other than proceedings under this Act.

S. 126A inserted by No. 47/2019 s. 3.