Document ID: chunk:federal_register_of_legislation:C2024C00572:section:71
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 71
Character Range: 198190–199560

71  Power to request information
 (1) This section applies to a person if the Regulator has reason to believe that information (the compellable information) relating to whether this Act or the associated provisions has been complied with is in a person's possession, custody or control (whether held electronically or in any other form).
 (2) The Regulator may, in writing, require the person to give specified compellable information to the Regulator:
 (a) within a specified period of time; and
 (b) in a specified form or manner.
 (3) The person must not fail to comply with a requirement under this section.
Civil penalty: 50 penalty units.
 (4) The person must not, in purported compliance with a requirement under this section, give to the Regulator information that is false or misleading in a material particular.
Civil penalty: 60 penalty units.
 (5) Subsection (3) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:
 (a) of a commercial nature; or
 (b) subject to an obligation of confidentiality arising from a commercial relationship; or
 (c) commercially sensitive.
 (6) Subsection (3) does not apply in relation to compellable information if giving the information might tend to incriminate the person or expose the person to a penalty.