§ 35 — Power to obtain information

35.—(1) The LTA or an authorised officer may by written notice require any licensee or class licensee to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which —(a)

relate to any matter which the authorised officer considers necessary for any of the purposes of section 32; and

(b)

are —(i)

within the knowledge of that licensee or class licensee, as the case may be; or

(ii)

in the custody or under the control of the licensee or class licensee, as the case may be.

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

to require that licensee or class licensee, or any individual who is or was an officer or agent or a representative of the licensee or class licensee (as the case may be), to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that licensee, class licensee or individual to state, to the best of the knowledge and belief of that licensee, class licensee or individual (as the case may be), 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 LTA or an authorised officer in legible form.

(3) The LTA is entitled without payment to keep any document or information, or any copy or extract thereof, provided to the LTA or an authorised officer under subsection (1).

—(1) The LTA or an authorised officer may by written notice require any licensee or class licensee to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which —(a)

relate to any matter which the authorised officer considers necessary for any of the purposes of section 32; and

(b)

are —(i)

within the knowledge of that licensee or class licensee, as the case may be; or

(ii)

in the custody or under the control of the licensee or class licensee, as the case may be.

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

to require that licensee or class licensee, or any individual who is or was an officer or agent or a representative of the licensee or class licensee (as the case may be), to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that licensee, class licensee or individual to state, to the best of the knowledge and belief of that licensee, class licensee or individual (as the case may be), 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 LTA or an authorised officer in legible form.

(3) The LTA is entitled without payment to keep any document or information, or any copy or extract thereof, provided to the LTA or an authorised officer under subsection (1).