25  Information that is not able to be obtained

•   Section 23 (initial obligation to give information) or 24 (ongoing obligation to give information and notify of events) does not apply in relation to particular information that a person is required to provide under that section if:

  • (a)

    the person uses the person’s best endeavours to obtain the information; and

  • (b)

    the person is not able to obtain the information.

  Note: An entity that wishes to rely on this section in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 96 of the Regulatory Powers Act).