Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_70c:p1
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 70C (pt 1/2)
Character Range: 44229–47031

70C  Minister may require information or documents

Scope
 (1) This section applies if the Minister believes, on reasonable grounds, that a person is capable of giving any information, or producing any document, that is relevant to:
 (a) the allocation or use of slots at Sydney Airport; or
 (b) *gate movements at Sydney Airport; or
 (c) compliance with this Act; or
 (d) administering or enforcing a civil penalty provision of this Act; or
 (e) investigating an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act; or
 (f) performing functions, or exercising powers, under or for the purposes of this Act.

Minister may give notice requiring information or document
 (2) The Minister may, by written notice, require the person to give the information, or produce the document, to any one or more of the following:
 (a) the Minister;
 (b) the Secretary;
 (c) an APS employee in the Department;
 (d) *Airservices Australia;
 (e) the *Slot Manager;
 (f) the *Compliance Committee.
 (3) The notice must specify the following:
 (a) how the person is to give the information or produce the document;
 (b) the period (which must be at least 14 days after the day the notice is given) within which the person is to give the information or produce the document;
 (c) the effect of subsection (4) and sections 137.1 and 137.2 of the Criminal Code.

Civil penalty—notice requiring information or document
 (4) A person is liable to a civil penalty if the person fails or refuses to comply with a notice under this section.
Civil penalty: 60 penalty units.

Exception—certain recipients
 (5) Subsection (4) does not apply to the following:
 (a) the *Compliance Committee;
 (b) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that:
 (i) has functions involving matters relevant to operations at Sydney Airport; and
 (ii) is prescribed by the regulations for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Exception—person not capable of complying
 (6) Subsection (4) does not apply to the extent that the person is not capable of complying with the notice.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Commercially sensitive information
 (7) A person is not excused from complying with a notice under this section merely because the information or document specified in the notice is or contains *commercially sensitive information.

Use and disclosure
 (8) Information or documents obtained under this section may be used for the purposes of administering this Act, including, but