Cap.14:36
NATIONAL COMPETITIVENESS COMMISSION
No. 6/2017
terms of subsection (1), he or she shall be guilty of an offence and liable to a fine not
exceeding level ten or imprisonment for a period not exceeding two years or both such
fine and such imprisonment.
PARTY
GENERAL
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Power to obtain information
(1) The Executive Director may, by notice in writing signed by him or her and
served on a person require the person-
(a)
to furnish to the Commission, in writing, such information in relation to
the affairs of the person as is specified in the notice; or
(b)
to produce to the Commission, in accordance with the notice, such
documents in relation to the affairs of the person as are specified in the
notice;
being information that is, or documents that are, relevant to the exercise of the
Commission's functions and to the consideration by the Commission of the matters
specified in the notice.
(2) Any person who fails without just cause to comply with a notice issued
under subsection (1) shall be guilty of an offence and liable, in the case of a company
or other corporate body, to a fine not exceeding level ten and in the case of a director
or member of a board or other governing body of a company or corporate body, to a
fine not exceeding level ten or to imprisonment for a period not exceeding six months,
or to both.
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Preservation of secrecy
(I) Every person who-
(a)
is employed in carrying out the provisions of this Act; or
(b)
examines documents under the control or in the custody of the Commission;
shall, subject to subsection (2), keep secret and aid in keeping secret all information
coming to his or her knowledge in the exercise of his or her functions.
(2) No person referred to in subsection (I) shall, except in the exercise of his
or her functions under this Act or unless he or she is required to do so by order of a
competent court-
(a)
communicate information coming to his or her knowledge in the exercise
of his or her functions to any person who is not(i) the person to whom the information relates or by whom the
information was furnished; or
(ii) a person to whom the information is required to be communicated
in terms of this Act or any enactment relating to the Civil Service,
the collection and safe custody of public moneys or the audit of
public accounts;
or
(b)
allow any person who is not a person referred to in paragraph (a)(i) or (ii)
to have access to any record, document or application under the control
or in the custody of the Commission which contains information referred
to in that paragraph.
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