SCHEDULE 10COMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC

PART 2INFORMATION, DOCUMENTS AND ORAL EVIDENCE

5Evidence notices

1

In the course of an investigation, the Commissioner may give a person (A) an evidence notice.

2

In this Measure, “evidence notice” means a notice that requires A to do one or more of the following—

a

to provide information in A’s possession;

b

to produce documents in A’s possession;

c

to give oral evidence.

3

A notice under this paragraph may include provision about—

a

the form of information, documents or evidence;

b

the timing of anything to be done in accordance with the notice.

4

A notice under this paragraph may not require A to do anything that A could not be compelled to do in proceedings before the High Court.

5

A notice under this paragraph must inform A of—

a

the consequences if A does not comply with the notice; and

b

the right of appeal under paragraph 9.