Section 100 — Tribunals, Courts and Enforcement Act 2007: Information order: required information not held etc.

Information order: required information not held etc. 100 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.