Freedom of Information Act 1982

PART VIIB - INVESTIGATIONS AND COMPLAINTS  

Division 2 - Information Commissioner investigations  

Subdivision D - Investigation procedure  

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

Scope

79(1)    
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.

79(2)    
This section applies subject to section 81 (production of exempt documents).

Notice to produce

79(3)    
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.

79(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

79(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 a contravention of this subsection: Imprisonment for 6 months.

Note:

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