(4) Guidelines published under this section shall not be binding on the Commission.
Power to investigate
62.—(1) The Commission may conduct an investigation if there are reasonable grounds for suspecting that the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has been infringed.
(2) For the purpose of subsection (1), the Commission may appoint an inspector to conduct the investigation.
Power when conducting investigation
63.—(1) For the purposes of an investigation under section 62, the Commission or the inspector may, by notice in writing to any person, require that person to produce to the Commission or the inspector a specified document, or to provide the Commission or the inspector with specified information, which the Commission or the inspector 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 sections 75 to 78.
(3) The Commission or the inspector 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.
