Document ID: chunk:federal_register_of_legislation:C2013C00428:clause:1_335a:p1
Version: federal_register_of_legislation:C2013C00428
Segment Type: clause
Provision Reference: sch 1 cl 335A (pt 1/2)
Character Range: 6896–9567

335A  Conduct of investigations—additional power to require information etc.
 (1) This section applies to a person (the first person) if:
 (a) the General Manager has required another person, under subsection 335(2), to do one or more of the following in relation to an investigation:
 (i) give information;
 (ii) produce documents;
 (iii) attend before the General Manager or delegate; and
 (b) after considering any information, documents or answers given or produced in response to the requirement, the General Manager reasonably believes that the first person:
 (i) has information or a document that is relevant to the investigation; or
 (ii) is capable of giving evidence which the General Manager has reason to believe is relevant to the investigation; and
 (c) the General Manager has reason to believe that none of the persons referred to in paragraphs 335(1)(a), (b) and (c):
 (i) if subparagraph (b)(i) applies—has the information or the document referred to in that subparagraph, or is likely to give or produce that information or document if required to do so under subsection 335(2); or
 (ii) if subparagraph (b)(ii) applies—is capable of giving the evidence referred to in that subparagraph, or is likely to give that evidence if required to do so under subsection 335(2).
 (2) For the purposes of making the investigation, the General Manager may, by written notice, require the first person:
 (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the first person; and
 (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the first person, or to which the first person has access; and
 (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the first person relating to those matters.
 (3) A notice requiring