Freedom of Information Act 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

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History

Pt VII inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

Division 8 - Information gathering powers  

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History

Div 8 inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

SECTION 55X   Information gathering powers - administration of oath or affirmation  

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55X(1)    
If, by a notice under subsection 55W(1) , the Information Commissioner requires a person to appear before him or her, the Information Commissioner may:

(a) administer an oath or affirmation to the person; and

(b) examine the person an oath or affirmation.

55X(2)    
The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the answers the person will give will be true.

55X(3)    
A person commits an offence if:

(a) the person is required under this section to be examined on oath or affirmation; and

(b) the person engages in conduct; and

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

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

Note:

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

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History

S 55X inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

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