Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:6_239aj:p1
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 6 cl 239AJ (pt 1/3)
Character Range: 153116–155646

239AJ  Power to require information, documents and evidence
 (1) This section applies if the ACCC, the Chairperson of the ACCC or a Deputy Chairperson of the ACCC has reason to believe that a person is capable of giving information, producing documents or giving evidence relating to a matter referred to in subsection (3).
 (2) A member of the ACCC may, by notice in writing given to that person (whether in Australia or outside Australia), require the person to do one or more of the following:
 (a) to give to the ACCC, by writing signed by the person, within the time and in the manner specified in the notice, any such information;
 (b) to produce to the ACCC, or to a person specified in the notice acting on its behalf, in accordance with the notice, any such documents; or
 (c) to appear before the ACCC, or before a member of the staff assisting the ACCC who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.
 (3) For the purposes of subsection (1), the matter must be a matter:
 (a) that constitutes, or may constitute, a contravention of one or more of the following:
 (i) Part 5 of this Act or regulations made under Part 5 of this Act;
 (ii) the Water Markets Intermediaries Code;
 (iii) an undertaking under section 163 of this Act; or
 (b) that is relevant to the performance of a function or the exercise of a power conferred on the ACCC by or under a provision of this Act, regulations made under this Act or the Water Markets Intermediaries Code;
but only to the extent that the matter relates to a function or power that the ACCC has as a result of the enactment of the Water Amendment (Restoring Our Rivers) Act 2023 (including a matter relating to the Water Markets Intermediaries Code within the meaning of the Water Act 2007).
 (4) A member of the ACCC may exercise, or continue to exercise, a power under subsection (2) in relation to a matter referred to in that subsection until:
 (a) the ACCC commences proceedings in relation to the matter (other than proceedings for an injunction, whether interim or final); or
 (b) the close of pleadings in relation to an application by the ACCC for a final injunction in relation to the matter.
 (5) A person must not:
 (a) refuse or fail to comply with a notice under subsection (2);
 (b) in purported compliance with such a notice, knowingly give information or evidence that is false or misleading.