Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p47
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 122671–125618

the person to a penalty; or

        (c) a person has refused or failed to produce a document referred to in a summons under subsection 34(2) of that Act, on the ground that production of the document would tend to incriminate the person, or to expose the person to a penalty.";

    (c) by inserting after subsection (7):

    "(7A) This section does not require a person:

        (a) to give information or evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or

        (b) to produce or permit inspection of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or

        (c) to give information or evidence, or to produce or permit inspection of a document, that would disclose the deliberations of the Cabinet of a State or Territory.".

Insertion of new section

71. After section 155 of the Principal Act the following section is inserted:

Protection of Part IV information

"155AA.(1) A Commission official must not disclose any protected Part IV information to any person, except:

    (a) when the Commission official is performing duties or functions as a Commission official; or

    (b) when the Commission official or the Commission is required by law to disclose the information.

"(2) Paragraph (1)(a) does not allow a Commission official to disclose protected Part IV information when performing a function of the Commission described in section 28.

"(3) In this section:

'Commission official' means:

    (a) a member, or associate member, of the Commission;

    (b) a person referred to in subsection 27(1);

    (c) a person engaged under section 27A.

'disclose' means divulge or communicate;

'information' includes information in a document and information given in evidence;

'protected Part IV information' means information that:

    (a) was obtained by the Commission under section 155; and

    (b) relates to a matter arising under Part IV.".

Power to obtain information and documents in New Zealand relating to trans-Tasman markets

72. Section 155A of the Principal Act is amended:

     (a) by omitting from subsection (1) "Chairman or the Deputy Chairman" and substituting "Chairperson or the Deputy Chairperson";

     (b) by omitting from subsection (2) "Trade Practices" and substituting "Australian Competition and Consumer".

Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission

73. Section 155B of the Principal Act is amended by omitting from subsections (1) and (2) "Trade Practices" (wherever occurring) and substituting "Australian Competition and Consumer".

Refusal to be sworn or to answer questions

74. Section 161 of the Principal Act is amended by omitting from subsection (2) "a person" and substituting "an individual".

Jurisdiction of Court to make declarations and orders

75. Section