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Other Matters > Power to Require Information

Power to require information

(1) The Authority may, by written notice, require a person or licensee to provide the Authority with any information and documents (including information relating to financial matters) as the Authority reasonably requires to perform its functions or exercise its powers as provided for in this Promulgation.

 (2) In exercising its powers under this section, the Authority must - 

(a) specify the reasons it requires the information and document specified in subsection (1); 

(b) specify the relevant section of this Promulgation on which the Authority relies to make such request; 

(c) specify the time, the manner and the form in which any such information is to be provided; and 

(d) ensure that requirements are reasonable and practicable.

(3) A person or licensee who refuses or, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable on conviction -

(b) for an individual, to a fine not exceeding $1,000 or to imprisonment not exceeding 12 months;

(c) for other legal entity, to a fine not exceeding 5 percent of the gross annual revenue of that legal entity.

(4) A person or licensee who -

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

(b) provide any estimate, return or other information or document required under any such notice, makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,

commits an offence and is liable on conviction to a fine not exceeding $2000 or to imprisonment for a term not exceeding 2 years.

(5) Without prejudice to subsection (3), if a person or licensee defaults in complying with a notice under subsection (1), a Judge may, on application by the Authority, make an order requiring the default to be made good, including order for costs or expenses of and incidental to the application.

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