Part 4Enforcement of judgments and orders
Information requests and orders
100Information order: required information not held etc.
1
An information discloser is not to be regarded as having breached an information order because of a failure to disclose some or all of the required information, if that failure is for one of the permitted reasons.
2
These are the permitted reasons—
a
the information provider does not hold the information;
b
the information provider is unable to ascertain whether the information is held, because of the way in which the information order identifies the debtor;
c
the disclosure of the information would involve the information discloser in unreasonable effort or expense.
3
It is to be presumed that a failure to disclose required information is for a permitted reason if—
a
the information discloser gives the relevant court a certificate that complies with subsection (4), and
b
there is no evidence that the failure is not for a permitted reason.
4
The certificate must state—
a
which of the required information is not being disclosed;
b
what the permitted reason is, or permitted reasons are, for the failure to disclose that information.
5
Any reference in this section to the information discloser holding, or not holding, information includes a reference to the information being held, or not being held, on the information discloser's behalf.