Document ID: chunk:federal_register_of_legislation:C2025C00189:section:155:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 155 (pt 1/5)
Character Range: 2171788–2174427

155  Power to obtain information, documents and evidence
 (1) Subject to subsection (2A), if the Commission, the Chairperson or a Deputy Chairperson has reason to believe that a person is capable of furnishing information, producing documents or giving evidence relating to a matter referred to in subsection (2), a member of the Commission may, by notice in writing served on that person (whether in Australia or outside Australia), require that person:
 (a) to furnish to the Commission, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any such information;
 (b) to produce to the Commission, 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 Commission, or before an associate member of the Commission who is an AER member and who is specified in the notice, or before a member of the staff assisting the Commission 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.
 (2) For the purposes of subsection (1), the matter must be a matter that:
 (a) constitutes, or may constitute, a contravention of:
 (i) this Act; or
 (ii) Division 4B of Part 3.3 of the Radiocommunications Act 1992; or
 (iii) any of the terms of an undertaking under section 87B of this Act or under section 218 of the Australian Consumer Law; or
 (iiia) a gas market instrument; or
 (iv) the consumer data rules; or
 (v) an SPF code; or
 (b) is relevant to:
 (i) a designated communications matter (as defined by subsection (9) of this section); or
 (iaa) a gas market instrument matter (as defined by subsection (9AAA) of this section); or
 (ia) a designated consumer data right matter (as defined by subsection (9AA) of this section); or
 (ib) a designated digital platform matter (as defined by subsection (9AB) of this section); or
 (ic) a designated scams prevention framework matter (as defined by subsection (9AC) of this section); or
 (ii) a designated water matter (as defined by subsection (9A) of this section); or
 (iii) the making of a decision by the Commission under subsection 90(1) in relation to an application for a merger authorisation; or
 (iv) the making of a decision by the Commission under subsection 91B(4), 91C(4), 93(3), (3A) or (3B) or 93AC(1), (2) or (2A); or
 (v) the Commission investigating or inquiring into the terms of a consumer contract or small