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##### <strong>37  Secretary may obtain information or documents from entities</strong>

- \(1\) 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\.

###### <em>Requirement to give information or documents</em>

- \(2\) 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\.

###### <em>Matters to which regard must be had</em>

- \(3\) 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\.

###### <em>Compliance with notice</em>

- \(4\) An entity must comply with a notice given to the entity under subsection&#160;\(2\)\.

    Note 1:&#160;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 \(see section&#160;40\)\.

    Note 2:&#160;If the entity is not a legal person, see Division&#160;2 of Part&#160;7\.

    Civil penalty:&#160;150 penalty units\.

###### <em>Matters to be set out in notice</em>

- \(5\) The notice must set out the effect of the following provisions:

    - \(a\) subsection&#160;\(4\);

    - \(b\) Part&#160;5 \(enforcement\);

    - \(c\) sections&#160;137\.1 and 137\.2 of the&#32;<em>Criminal Code</em>&#32;\(false or misleading information or documents\)\.

###### <em>Compensation for producing copies of documents</em>

- \(6\) An entity is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph&#160;\(2\)\(c\)\.

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_214

Compiled 2026\-06\-04\. This does not establish legal commencement\.

Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html

Licence: https://creativecommons\.org/licenses/by/4\.0/

Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\.

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