Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of any inquiry or investigation conducted under this Act, the Commissioner may
by notice in writing require a person to furnish to him, within a specified
time and in a specified form, a return setting forth to the best of the
knowledge and ability of that person such of the following particulars as are
specified in the notice, namely —
(a) the
quantity of any petroleum products in his possession or under his control at a
specified date and held for sale;
(b) the
cost to the person of the petroleum products referred to in
paragraph (a);
(c) the
methods and principles in accordance with which the person arrives at the cost
referred to in paragraph (b);
(d) if
the maximum price of the petroleum products referred to in paragraph (a)
has not been fixed under this Act, the prices, wholesale or retail, at which,
and the conditions on which, the person has sold, sells or proposes to sell
those petroleum products;
(e) the
price, wholesale or retail, charged for the petroleum products referred to in
paragraph (a) by the person on such date as the Commissioner specifies,
and the conditions of any such sale; and
(f) such
further particulars relating to the petroleum products referred to in
paragraph (a) as are specified in that notice.
(2) The Commissioner
may by notice in writing require any person engaged in the supply of a
petroleum service to furnish to him, within a specified time and in a
specified form, a return setting forth to the best of the knowledge and
ability of that person such particulars relating to the petroleum service as
are specified in that notice.
(3) A return furnished
under this section shall be verified by statutory declaration.
(4) A return furnished
by a person under this section shall not be admissible in evidence in any
proceedings against him other than proceedings in respect of an offence
against this Act.
(5) A person who is
required by notice given under this section to furnish a return shall
not —
(a) fail
or refuse to comply with any of the requirements of that notice; or
(b)
wilfully furnish any information that is false or misleading in a material
particular.
Penalty: $20 000.
(6) In this section, a
reference to petroleum products or petroleum services is a reference to
petroleum products or petroleum services of a kind which the Commissioner has,
by notice published in a newspaper under section 7(4)(b), indicated as
being the subject of inquiry or investigation.
[Section 27 amended by No. 72 of 1983
s. 15; No. 73 of 2000 s. 14(1); No. 11 of 2001
s. 21(1).]