Privacy Act 1988

PART V - INVESTIGATIONS ETC.  

Division 1 - Investigation of complaints and investigations on the Commissioner ' s initiative  

SECTION 44   POWER TO OBTAIN INFORMATION AND DOCUMENTS  

44(1)    
If the Commissioner has reason to believe that a person has information or a document relevant to an investigation under this Division, the Commissioner may give to the person a written notice requiring the person:

(a)    to give the information to the Commissioner in writing signed by the person or, in the case of a body corporate, by an officer of the body corporate; or

(b)    to produce the document to the Commissioner.

Note: For a failure to give information etc., see section 66 .

44(2)    
A notice given by the Commissioner under subsection (1) shall 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 the period within which, the information or document is to be given or produced.

44(2A)    

If documents are produced to the Commissioner in accordance with a requirement under subsection (1) , the Commissioner:

(a)    may take possession of, and may make copies of, or take extracts from, the documents; and

(b)    may retain possession of the documents for any period that is necessary for the purposes of the investigation to which the documents relate; and

(c)    during that period must permit a person who would be entitled to inspect any one or more of the documents if they were not in the Commissioner's possession to inspect at all reasonable times any of the documents that the person would be so entitled to inspect.

44(3)    
If the Commissioner has reason to believe that a person has information relevant to an investigation under this Division, the Commissioner may give to the person a written notice requiring the person to attend before the Commissioner at a time and place specified in the notice to answer questions relevant to the investigation.

44(4)    

This section is subject to section 70 but it has effect regardless of any other Commonwealth law.

44(5)    

A person is not liable to a penalty under the provisions of any other Commonwealth law because he or she gives information, produces a document or answers a question when required to do so under this Division.