Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12hb
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12HB
Character Range: 124176–126110

12HB  Disclosure of documents by the Commission

 (1) If:
 (a) a proceeding is instituted against a corporation or other person under section 12GD; or
 (b) an application is made under section 12GE or subsection 12GM(2) or 12GN(1) for an order against a corporation or other person;
the Commission must, at the request of the corporation or other person and upon payment of the prescribed fee (if any), furnish to the corporation or other person:
 (c) a copy of every document that has been furnished to, or obtained by, the Commission in connection with the matter to which the application, notice or proceeding relates and tends to establish the case of the corporation or other person; and
 (d) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connection with the matter to which the application, notice or proceeding relates and tends to establish the case of the corporation or other person;
not being a document obtained from the corporation or other person or prepared by an officer or professional adviser of the Commission.

 (2) If the Commission does not comply with a request under subsection (1), the Court must, subject to subsection (3), upon application by the corporation which, or other person who, made the request, make an order directing the Commission to comply with the request.

 (3) The Court may refuse to make an order under subsection (2) in respect of a document or part of a document if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document would prejudice any person, or for any other reason.

 (4) Before the Court gives a decision on an application under subsection (2), the Court may require any documents to be produced to it for inspection.

 (5) An order under this section may be expressed to be subject to conditions specified in the order.