37  Secretary may obtain information or documents from entities

• (1)

  This section applies if the Secretary has reason to believe that an entity that is a reporting entity for, or an operator of, a critical infrastructure asset has information or a document that:

  • (a)

    is relevant to the exercise of a power, or the performance of a duty or function, under this Act in relation to the asset; or

  • (b)

    may assist with determining whether a power under this Act should be exercised in relation to the asset.

Requirement to give information or documents

• (2)

  The Secretary may, by notice in writing given to the entity, require the entity to:

  • (a)

    give any such information; or

  • (b)

    produce any such documents; or

  • (c)

    make copies of any such documents and to produce those copies;

  to the Secretary within the period, and in the manner, specified in the notice.

Matters to which regard must be had

• (3)

  Before giving the entity the notice, the Secretary:

  • (a)

    must have regard to the costs that would be likely to be incurred by the entity in complying with the notice; and

  • (b)

    may have regard to any other matters the Secretary considers relevant.

Compliance with notice

• (4)

  An entity must comply with a notice given to the entity under subsection (2).

  Note 1: This subsection is not subject to the privilege against self‑incrimination, but there are limits on the uses to which the information, document or copy may be put (see section 40).

  Note 2: If the entity is not a legal person, see Division 2 of Part 7.

  Civil penalty: 150 penalty units.

Matters to be set out in notice

• (5)

  The notice must set out the effect of the following provisions:

  • (a)

    subsection (4);

  • (b)

    Part 5 (enforcement);

  • (c)

    sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Compensation for producing copies of documents

• (6)

  An entity is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph (2)(c).