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Division 3 – Miscellaneous

46K.  Commissioner may obtain information from government agencies

 

(1)     If the Commissioner has reason to believe that a government agency has information or a document relevant to the performance by the Commissioner of functions under this Part, the Commissioner may give a written notice to the agency requiring the agency:

(a)     to give the information to the Commissioner in writing signed by or on behalf of the agency; or

(b)     to produce the document to the Commissioner.

 

(2)     The notice must state:

(a)     the place at which the information or document is to be given or produced to the Commissioner; and

(b)     the time at which, or period within which, the information or document is to be given or produced.

 

(3)     A government agency must not, in response to a requirement under this section:

(a)     give information in a manner that would reveal the identity of a particular individual; or

(b)     produce a document that reveals the identity of a particular individual;

unless the individual has consented to the giving of the information or the production of the document.

 

(4)     If:

 

(a)     subsection (3) would prevent a government agency from complying with a requirement under this section to produce a document; and

(b)     the agency is able to provide a copy of the document that has had deleted from it the information that would reveal the identity of the individual concerned;

the agency must comply with the requirement by producing a copy with that information deleted.

 

(5)     In this section: articles

 

government agency means

(a)     an authority of the Commonwealth, or of a State or Territory; or

(b)     a person who performs the functions of, or performs functions within, an authority of the Commonwealth, or of a State or Territory.

 

46L.  Commissioner must give information to the Commission

 

The Commissioner must give to the Commission such information as the Commission from time to time requires relating to the operations of the Commissioner under this Part.

 

46M.  Minister must table etc. report of Commissioner

 

The Minister must cause a copy of each report received by the Minister under paragraph 46C(1)(a):

(a)     to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister; and

to be sent to the Attorney-General of each State and Territory within 7 days after the report is first laid before either House of the Parliament under paragraph (a).

Posted on 2002-04-16



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