§ 35 — Provision of documents and other information

35.—(1) Without limiting section 34, the Minister, the competent authority, or an appointed authority (called in this section the requesting authority) may by notice require any person to provide, within a reasonable period specified in the notice, all documents and information relating to any matter as are reasonably required by the requesting authority to carry out the functions or duties assigned to the requesting authority by or under this Act, which are within the knowledge of that person or are in that person’s custody or under that person’s control.(2) The power to require a person to provide any document or information under subsection (1) includes the power —(a)

to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that person to state, to the best of that person’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the requesting authority in legible form.

(3) A person who, without reasonable excuse, fails to comply with a notice under subsection (1) shall be guilty of an offence.

(4) A person who —(a)

intentionally alters, suppresses or destroys any document or information which the person is required by a notice under subsection (1) to provide; or

(b)

in providing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement,

shall be guilty of an offence.

(5) If a person fails to comply with a notice under subsection (1), the court may, on the application of the requesting authority, make any order that the court thinks fit to secure compliance with the notice and any such order may provide that all the costs or expenses of and incidental to the application are to be borne by such person or by any officer of an entity who is responsible for the failure.

(6) The requesting authority through an authorised officer may, at any time after the expiry of the period specified in the notice mentioned in subsection (1), enter any building or place where the requesting authority has reason to believe that any document or information, in respect of which the requesting authority has given the notice, may be found, and seize or take extracts or copies of any such document or information.

(7) The requesting authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to it under subsection (1) or obtained under subsection (6).

(8) Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, no person who is or has been a member, an officer, an employee or an agent of the requesting authority or a member of a committee of the requesting authority may disclose any information relating to the affairs of the requesting authority or of any other person which has been obtained by the person in the performance of the person’s functions or duties.

(9) A person who contravenes subsection (8) shall be guilty of an offence.

(10) A person who is guilty of an offence under subsection (3), (4) or (9) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

in any other case, to a fine not exceeding $100,000.

—(1) Without limiting section 34, the Minister, the competent authority, or an appointed authority (called in this section the requesting authority) may by notice require any person to provide, within a reasonable period specified in the notice, all documents and information relating to any matter as are reasonably required by the requesting authority to carry out the functions or duties assigned to the requesting authority by or under this Act, which are within the knowledge of that person or are in that person’s custody or under that person’s control.

(2) The power to require a person to provide any document or information under subsection (1) includes the power —(a)

to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that person to state, to the best of that person’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the requesting authority in legible form.

(3) A person who, without reasonable excuse, fails to comply with a notice under subsection (1) shall be guilty of an offence.

(4) A person who —(a)

intentionally alters, suppresses or destroys any document or information which the person is required by a notice under subsection (1) to provide; or

(b)

in providing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement,

shall be guilty of an offence.

(5) If a person fails to comply with a notice under subsection (1), the court may, on the application of the requesting authority, make any order that the court thinks fit to secure compliance with the notice and any such order may provide that all the costs or expenses of and incidental to the application are to be borne by such person or by any officer of an entity who is responsible for the failure.

(6) The requesting authority through an authorised officer may, at any time after the expiry of the period specified in the notice mentioned in subsection (1), enter any building or place where the requesting authority has reason to believe that any document or information, in respect of which the requesting authority has given the notice, may be found, and seize or take extracts or copies of any such document or information.

(7) The requesting authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to it under subsection (1) or obtained under subsection (6).

(8) Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, no person who is or has been a member, an officer, an employee or an agent of the requesting authority or a member of a committee of the requesting authority may disclose any information relating to the affairs of the requesting authority or of any other person which has been obtained by the person in the performance of the person’s functions or duties.

(9) A person who contravenes subsection (8) shall be guilty of an offence.

(10) A person who is guilty of an offence under subsection (3), (4) or (9) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

in any other case, to a fine not exceeding $100,000.