Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) an application is made under section 363 for approval of a transfer; and
(b) the Designated Authority has reason to believe that a person possesses or controls a document that relates to:
(i) the transfer document; or
(ii) the transfer transaction; or
(iii) the application for approval of the transfer;
the Designated Authority may ask the person:
(c) to give the document to the Designated Authority; or
(d) to make the document available for inspection by or on behalf of:
(i) the Designated Authority; or
(ii) the Joint Authority.
(2) The request under subsection (1) must be made by giving to the person a written notice containing the request.
(3) A person must not fail to comply with a request under subsection (1).
(4) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code .