Competition Act · s 36

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36.
Power when conducting investigation
(1) For the purposes of an investigation under section 35, the
Commission or an authorised officer may, by notice in writing to any person, require that person to produce to the Commission or the authorised officer a specified document, or to provide the Commission or the authorised officer with specified information, which the Commission or the authorised officer considers relates to any matter relevant to the investigation.
(2) A notice under subsection (1) shall indicate —
(a) the subject matter and purpose of the investigation; and
(b) the nature of the offences created by Part 4.
(3) The Commission or the authorised officer may also specify in the notice —
(a) the time and place at which any document is to be produced or any information is to be provided; and
(b) the manner and form in which it is to be produced or provided.
(4) The power under this section to require a person to produce a document includes the power —
(a) if the document is produced —
(i) to take copies of it or extracts from it; and
(ii) to require such person, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document; or
(b) if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is.

Competition 42
(5) In subsection (1), “specified” means —
(a) specified, or described, in the notice; or
(b) falling within a category which is specified, or described, in the notice.

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s 36Power when conducting investigation

(1)

For the purposes of an investigation under section 35, the

Commission or an authorised officer may, by notice in writing to any person, require that person to produce to the Commission or the authorised officer a specified document, or to provide the Commission or the authorised officer with specified information, which the Commission or the authorised officer considers relates to any matter relevant to the investigation.

(2)

A notice under subsection (1) shall indicate —

(a)

the subject matter and purpose of the investigation; and

(b)

the nature of the offences created by Part 4.

(3)

The Commission or the authorised officer may also specify in the notice —

(a)

the time and place at which any document is to be produced or any information is to be provided; and

(b)

the manner and form in which it is to be produced or provided.

(4)

The power under this section to require a person to produce a document includes the power —

(a)

if the document is produced —

(i)

to take copies of it or extracts from it; and

(ii)

to require such person, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document; or

(b)

if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is.

Competition 42

(5)

In subsection (1), “specified” means —

(a)

specified, or described, in the notice; or

(b)

falling within a category which is specified, or described, in the notice.