Document ID: chunk:federal_register_of_legislation:C2023C00417:section:72
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 72
Character Range: 118424–120836

72  Record‑keeping and giving of information
 (1) The regulations may make provision for, or in relation to, requiring a person to do any or all of the following:
 (a) keep and retain records, where the records are relevant to an NBN Co ownership or control matter;
 (b) give information to the Communications Minister that is relevant to an NBN Co ownership or control matter;
 (c) give information to the ACCC that is relevant to an NBN Co ownership or control matter;
 (d) give information to NBN Co that is relevant to an NBN Co ownership or control matter.
Note: For NBN Co ownership or control matter, see subsection (6).

Statutory declarations
 (2) The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(b), (c) or (d) must be verified by statutory declaration.

No self‑incrimination
 (3) An individual is not required to give information in accordance with a requirement covered by paragraph (1)(b), (c) or (d) if the information might tend to incriminate the individual or expose the individual to a penalty.

Offence
 (4) A person commits an offence if:
 (a) a person is subject to a requirement under regulations made for the purposes of subsection (1); and
 (b) the person engages in conduct; and
 (c) the conduct breaches the requirement.
Penalty: 50 penalty units.

Regulations may confer discretionary powers on the Communications Minister or the ACCC
 (5) Regulations made for the purposes of this section may make provision for, or in relation to, a matter by conferring a power on the Communications Minister or the ACCC. For example, the regulations could provide that the Communications Minister may, by written notice given to NBN Co, require NBN Co to give the Communications Minister, within the period and in the manner specified in the notice, specified information about an NBN Co ownership or control matter.

NBN Co ownership or control matter
 (6) For the purposes of this section, an NBN Co ownership or control matter means a matter relevant to:
 (a) an unacceptable private ownership or control situation; or
 (b) the question of whether an unacceptable private ownership or control situation has existed, is in existence, or will exist.

Other information‑gathering powers not limited
 (7) This section does not limit:
 (a) Division 6 of Part XIB of the Competition and Consumer Act 2010; or
 (b) section 155 of that Act.