Freedom of Information Act 1982


Division 2 - Information Commissioner investigations  

Subdivision D - Investigation procedure  

SECTION 79   Information Commissioner investigations - obliging production of information and documents  


This section applies if the Information Commissioner has reason to believe that a person has information, or a document, relevant to an investigation under this Part.

This section applies subject to section 81 (production of exempt documents).

Notice to produce

The Information Commissioner may, by written notice, require a person, for the purposes of the investigation:

(a) to give the Information Commissioner information of the kind referred to in the notice; or

(b) to produce to the Information Commissioner the document referred to in the notice.

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

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 a contravention of this subsection: Imprisonment for 6 months.


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

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