37.—(1) Subject to subsection (4), the Authority may, by written notice, require an approved member of a licensed credit bureau, or any person acting on behalf of the approved member, to provide to the Authority, information relating to —
(a)
the approved member’s membership of the licensed credit bureau; and
(b)
the approved member’s activities as an approved member of the licensed credit bureau,
within such period as the Authority may specify in the notice.
(2) Without limiting subsection (1), the Authority may in the notice require the approved member to provide, whether in the form of a return to be provided on a periodic basis or otherwise —
(a)
information relating to its involvement as an approved member of the licensed credit bureau;
(b)
information relating to the confidentiality, security or integrity of any data provided to the licensed credit bureau; and
(c)
any other information that the Authority may require for the purposes of this Act.
(3) Subject to subsection (4) —
(a)
a requirement imposed by the Authority under this section has effect despite any obligation as to secrecy or other restrictions upon the disclosure of information imposed by any rule of law or contract; and
(b)
a person that complies with a requirement imposed by the Authority under this section is not to be treated as being in breach of any restriction on the disclosure of the information imposed by any rule of law or contract.
(4) Nothing in this section requires a person to disclose any information subject to legal privilege.
(5) Any person that fails to comply with a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.