Freedom of Information Act 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

Division 8 - Information gathering powers  

SECTION 55R   Information gathering powers - obliging production of information and documents  

Scope

55R(1)    
This section applies if the Information Commissioner has reason to believe that a person has information, or a document, relevant to an IC review.

55R(2)    
This section applies subject to sections 55T (exempt documents generally) and 55U (particular exempt documents).

Notice to produce

55R(3)    
The Information Commissioner may, by written notice, require a person to, for the purposes of an IC review:

(a) give the Information Commissioner information of a kind specified by the notice; or

(b) produce to the Information Commissioner a document specified by the notice.

55R(4)    
The notice must:

(a) be in writing; and

(b) specify the place at which the person must comply with the notice; and

(c) state that the person must comply with the notice:

(i) within a specified period that is not less than 14 days after the day on which the person is given the notice; or

(ii) at a specified time that is not less than 14 days after the time at which the person is given the notice.

Offence for failure to comply

55R(5)    
A person commits an offence if:

(a) the person is subject to a requirement specified in a notice under subsection (3); and

(b) the person engages in conduct; and

(c) the person's conduct breaches the requirement.

Penalty for contravention of this subsection: Imprisonment for 6 months.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.