Freedom of Information Act 1982


Division 2 - Information Commissioner investigations  

Subdivision D - Investigation procedure  

SECTION 82   Information Commissioner investigations - obliging persons to appear  

Notice to require person to appear

The Information Commissioner may, by written notice, require a person to appear before the Information Commissioner to answer questions for the purposes of an investigation.

The notice must:

(a) be in writing; and

(b) state that the person must comply with the notice at a specified time that is not less than 14 days after the time at which the person is given the notice; and

(c) specify the place at which the person must comply with 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 (1); and

(b) the person engages in conduct; and

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

Penalty for a contravention of this subsection: 6 months imprisonment.


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

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