Document ID: chunk:federal_register_of_legislation:C2025C00016:section:41
Version: federal_register_of_legislation:C2025C00016
Segment Type: section
Provision Reference: s 41
Character Range: 56084–58269

41  Power to obtain information etc.
 (1) The Minister, the Secretary or an SES employee or acting SES employee in the Department, may give a disclosure notice to a person (the supplier) who, in trade or commerce, supplies road vehicles or approved road vehicle components of a particular kind if the person giving the notice reasonably believes:
 (a) that:
 (i) vehicles or components of that kind will or may cause injury to any person; or
 (ii) a reasonably foreseeable use (including a misuse) of vehicles or components of that kind will or may cause injury to any person; or
 (iii) vehicles or components of that kind do not, or it is likely that they do not, comply with the applicable national road vehicle standards; and
 (b) that the supplier is capable of giving information, producing documents or giving evidence in relation to those vehicles or components.
 (2) A disclosure notice is a written notice requiring the supplier:
 (a) to give, in writing signed by the supplier, any such information to the person specified in the notice:
 (i) in the manner specified in the notice; and
 (ii) within such reasonable time as is specified in the notice; or
 (b) to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or
 (c) to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice:
 (i) to give any such evidence, on oath or affirmation; and
 (ii) to produce any such documents.
 (3) The person specified in the notice may be:
 (a) the Minister; or
 (b) the Secretary; or
 (c) an SES employee, or acting SES employee, in the Department (whether or not that SES employee, or acting SES employee, gave the notice).

Holder of a type approval taken to be a supplier
 (4) For the purposes of this section, a person is taken to supply, in trade or commerce, road vehicles or approved road vehicle components of a particular kind, if:
 (a) the person is the holder of a road vehicle type approval under which a vehicle is entered on the RAV; or
 (b) the person is the holder of a road vehicle component type approval.