Document ID: chunk:federal_register_of_legislation:C2004A01163:clause:1_5d
Version: federal_register_of_legislation:C2004A01163
Segment Type: clause
Provision Reference: sch 1 cl 5D
Character Range: 3809–6075

5D  Power to obtain information

 (1) The Authority may direct nominated company B, or a related body corporate of nominated company B, to give to the Authority:
 (a) information; or
 (b) documents, or copies of documents, in the custody or under the control of nominated company B or the related body corporate;
that the Authority considers relevant to the operation of pools mentioned in section 84 (including the costs of operating the pools and the returns to growers that result from the pools).

 (2) A direction must:
 (a) be in writing; and
 (b) specify the information that is, or documents that are, to be given; and
 (c) specify the date by which the information is, or documents are, to be given.

 (3) A direction may specify the manner and form in which the information is, or documents are, to be given.

 (4) The directed company must comply with a direction.

 (5) If the directed company does not comply with a direction by the specified date, the Authority may apply to the Federal Court for an order under subsection (6).

 (6) If the Federal Court is satisfied that:
 (a) the directed company has not complied with the direction; and
 (b) if information is specified in the direction—the information is relevant to the operation of pools mentioned in section 84 (which may include the costs of operating the pools and the returns to growers that result from the pools); and
 (c) if documents are specified in the direction—the documents are in the custody or under the control of the directed company and are relevant to the operation of pools mentioned in section 84 (which may include the costs of operating the pools and the returns to growers that result from the pools);
the Federal Court may make the following orders:
 (d) an order granting an injunction requiring the directed company to comply with the direction;
 (e) any other order that the Court considers appropriate.

 (7) The Federal Court may exercise powers under subsection (6) whether or not:
 (a) it appears to the Court that the directed company intends to continue to fail to comply with the direction; or
 (b) the directed company has previously failed to comply with a direction.

 (8) The Federal Court may discharge or vary an injunction granted under this section.