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AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 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:

"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.



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