Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 20

Examiner may require information from agencies in certain cases

             (1)  Subject to section 20A, an examiner may, by notice in writing served on the principal officer of an agency, or on a person who is, or has been, a member, officer or employee of an agency, require that principal officer, or that person, as the case may be, to furnish to the examiner, by writing signed by that principal officer, or by that person, within the time and in the manner specified in the notice, information so specified, being information that:

                     (a)  was acquired by the first-mentioned agency in the ordinary course of performing its functions, or was acquired by that person in that person's capacity as a member, officer or employee of the second-mentioned agency, as the case may be; and

                     (b)  is relevant to a special ACC operation/investigation.

             (2)  Subject to section 20A, an examiner may, by notice in writing served on the principal officer of an agency, require that principal officer:

                     (a)  to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and

                     (b)  to produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that relates to the performance by the agency of its functions and is relevant to a special ACC operation/investigation.

             (4)  Subject to a prescribed provision, but notwithstanding a secrecy provision other than a prescribed provision, a person shall not refuse or fail to comply with a notice served on the person under this section.

Penalty:  Imprisonment for 6 months or 10 penalty units.

             (5)  In this section:

"agency" means a Commonwealth agency or a State agency.

"Commonwealth agency" means an agency within the meaning of the Freedom of Information Act 1982 .

"law of the Commonwealth" includes a law of a Territory.

"prescribed provision" means:

                     (a)  a taxation secrecy provision; or

                    (aa)  a secrecy provision specified in an arrangement under section 20A; or

                     (b)  a provision of a law of the Commonwealth that is specified in Schedule 1; or

                     (c)  anything done under a provision of the kind referred to in paragraph (b).

"principal officer" means:

                     (a)  in relation to a Commonwealth agency--the person who is the principal officer of the agency for the purposes of the Freedom of Information Act 1982 ; or

                     (b)  in relation to a State agency--the person holding office or acting as head (however described) of the agency.

"State agency" means the following agencies:

                     (a)  a Department of a State;

                     (b)  an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;

                     (c)  a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

                              (i)  the Crown in right of a State;

                             (ii)  a person or body covered by paragraph (b);

                            (iii)  a person or body covered by either of the above subparagraphs.

             (6)  The regulations may amend Schedule 1 by inserting in Schedule 1, or by omitting from Schedule 1, a reference to a provision of a law of the Commonwealth.



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