Document ID: chunk:federal_register_of_legislation:C2021A00057:clause:2_3:p2
Version: federal_register_of_legislation:C2021A00057
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 2/3)
Character Range: 9685–12477

power and any of their employees who are providing that assistance.
 (2) However, the power to give an approved provider a notice under section 95BA‑5 (notice to give information or documents) or 95BA‑6 (notice to answer questions) may not be exercised by a person assisting the Secretary under subsection (1) of this section unless the power has been delegated to the person under subsection 96‑2(1A).

95BA‑5  Notice to give information or documents
 (1) If the Secretary reasonably believes that an approved provider that is a *corporation has information or documents relevant to the subject matter of an *assurance review, the Secretary may, by written notice given to the provider, require the provider to give the Secretary such information or documents (or copies of documents) as are specified in the notice.
 (2) The notice:
 (a) must specify the period within which, and the manner in which, the information or documents (or copies) are to be given; and
 (b) may specify the form in which information is to be given.
 (3) The period specified under paragraph (2)(a) must not end earlier than 14 days after the day the notice is given.
 (4) The approved provider must comply with the notice.
Civil penalty: 30 penalty units.
 (5) An approved provider is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement of a notice given to the provider under subsection (1) to give copies of documents.

95BA‑6  Notice to answer questions
 (1) If the Secretary reasonably believes that an approved provider that is a *corporation has information relevant to the subject matter of an *assurance review, the Secretary may, by written notice given to the provider, require the provider to make available appropriate officers, employees or agents to answer questions relating to the information.
 (2) The notice must specify:
 (a) the person or persons assisting the Secretary in the conduct of the review (as mentioned in subsection 95BA‑4(1)) who will be asking the questions; and
 (b) the time or times at which, and the means by which, the questions are to be asked and answered.
 (3) The time, or the earliest time, specified under paragraph (2)(b) must be at least 14 days after the notice is given.
 (4) The approved provider must comply with the notice.
Civil penalty: 30 penalty units.

95BA‑7  Duty to provide all reasonable facilities and assistance
  An approved provider that is a *corporation to which an *assurance review relates must provide the person conducting the review, and any individuals assisting that person, with all reasonable facilities and assistance necessary for the effective exercise of the person's duties in relation to the review.
Civil penalty: 30 penalty units.

95BA‑8  Request for information or documents
 (1) If