§ 49 — Power to require persons to provide information and documents

49.—(1) For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may by written notice require any person to do one or both of the following:(a)

to provide any authorised officer with any information within the knowledge of that person;

(b)

to provide any authorised officer with any document in the possession or under the control of the person.

(2) The notice in subsection (1) may —(a)

specify a time and place at which the person must provide the information or document, in the form and manner specified in the notice; or

(b)

require the person to attend personally before any authorised officer, at a place and time specified in the notice, to provide the information or document, in the form and manner specified in the notice.

(3) To avoid doubt and without affecting subsections (1) and (2), the reference to a person in those subsections includes any energy supplier for the purpose of obtaining any information or document from the energy supplier in respect of the energy consumption data of any person or business facility that the energy supplier supplies energy to.

(4) A person that, without reasonable excuse, fails, neglects or refuses to comply with a notice of an authorised officer under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.

(5) In this section, “energy supplier” means any of the following:(a)

any gas licensee under the Gas Act 2001;

(b)

any supplier of oil, fuel or other type of energy.

—(1) For the purposes of administering or enforcing this Act or determining whether this Act has been complied with, an authorised officer may by written notice require any person to do one or both of the following:(a)

to provide any authorised officer with any information within the knowledge of that person;

(b)

to provide any authorised officer with any document in the possession or under the control of the person.

(2) The notice in subsection (1) may —(a)

specify a time and place at which the person must provide the information or document, in the form and manner specified in the notice; or

(b)

require the person to attend personally before any authorised officer, at a place and time specified in the notice, to provide the information or document, in the form and manner specified in the notice.

(3) To avoid doubt and without affecting subsections (1) and (2), the reference to a person in those subsections includes any energy supplier for the purpose of obtaining any information or document from the energy supplier in respect of the energy consumption data of any person or business facility that the energy supplier supplies energy to.

(4) A person that, without reasonable excuse, fails, neglects or refuses to comply with a notice of an authorised officer under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.

(5) In this section, “energy supplier” means any of the following:(a)

any gas licensee under the Gas Act 2001;

(b)

any supplier of oil, fuel or other type of energy.