Document ID: chunk:federal_register_of_legislation:C2024A00121:section:138
Version: federal_register_of_legislation:C2024A00121
Segment Type: section
Provision Reference: s 138
Character Range: 161040–163611

138  Regulator may obtain information or documents
 (1) This section applies to a person if the Chair has reasonable grounds to believe that the person:
 (a) has information or a document that is relevant to the operation of this Act; or
 (b) is capable of giving evidence which the Chair has reasonable grounds to believe is relevant to the operation of this Act.
 (2) The Chair may, by notice in writing to the person, require the person:
 (a) to give to the Regulator, within the period and in the manner and form specified in the notice, any such information; or
 (b) to produce to the Regulator, within the period and in the manner specified in the notice, any such documents; or
 (c) to make copies of any such documents and to produce to the Regulator, within the period and in the manner specified in the notice, those copies; or
 (d) if the person is an individual—to appear before an official of the Regulator (within the meaning of the Clean Energy Regulator Act 2011) at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or
 (e) if the person is a body corporate—to cause a competent officer of the body to appear before an official of the Regulator (within the meaning of the Clean Energy Regulator Act 2011) 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) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
 (4) A notice under subsection (2) must:
 (a) if the notice is under paragraph (2)(d)—state that the person can be accompanied by a legal representative when appearing before the official; and
 (b) if the notice is under paragraph (2)(e)—state that the officer can be accompanied by a legal representative when appearing before the official; and
 (c) in any case—set out the effect of subsection (5) of this section (including the penalty), subsection 142(2) of this Act and sections 137.1 and 137.2 of the Criminal Code.
Note: Sections 137.1 and 137.2 of the Criminal Code create offences for giving false or misleading information or documents.
 (5) A person commits an offence of strict liability if:
 (a) the person is given a notice under subsection (2); and
 (b) the person fails to comply with the notice.
Penalty: 10 penalty units.
 (6) This section does not limit, and is not limited by, any other provision of this Act that relates to the powers of the Chair or the Regulator to obtain information, documents or evidence.