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Commerce Act 1986

Miscellaneous provisions - Powers relating to evidence

98H: Supply of information and documents in relation to section 36A

You could also call this:

"The Commission can ask you for information or documents to help them do their job."

Illustration for Commerce Act 1986

The Commission can ask you to give them information or documents if they need it to do their job in relation to section 36A. They can ask you to write down the information and sign it, or they can ask you to show them certain documents. You will have to do this within a certain time and in a certain way that the Commission tells you.

If the Commission asks you for information or documents, you can give them to the Australian Competition and Consumer Commission instead, as long as you follow the rules in the Competition and Consumer Act 2010. This way, you will be doing what the Commission asked you to do.

The Commission can only ask you for this information if you live in Australia or if you do business in Australia.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM89934.

Topics:
Business > Fair tradingBusiness > Industry rulesMoney and consumer rights > Consumer protection
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"The Commission can use its powers even if there are other court cases happening."

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99: Powers of Commission to take evidence, or

"The Commission can collect information to help make decisions, and you can share what you know in person or in writing."

Part 7Miscellaneous provisions
Powers relating to evidence

98HSupply of information and documents in relation to section 36A

  1. Where the Commission considers it necessary or desirable for the purposes of carrying out its functions and exercising its powers under this Act in relation to section 36A, the Commission may by notice in writing served on any person who is ordinarily resident in Australia or who carries on business in Australia, require that person—

  2. to furnish to the Commission, by writing signed by that person or, in the case of a body corporate, by a director or competent servant or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
    1. to produce to the Commission, or to a person specified in the notice acting on its behalf in accordance with the notice, any document or class of documents specified in the notice.

      1. A person who is required to furnish information or a class of information or produce any document or class of documents to the Commission pursuant to this section complies with this section if that person furnishes the information or that class of information or produces the document or that class of documents to the Australian Competition and Consumer Commission in accordance with the Competition and Consumer Act 2010.

      Notes
      • Section 98H: inserted, on , by section 34 of the Commerce Amendment Act 1990 (1990 No 41).
      • Section 98H(2): amended, on , by section 32(2)(c) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
      • Section 98H(2): amended, on , by section 8 of the Commerce Amendment Act 1996 (1996 No 113).