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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.