Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 186C

Power to obtain relevant information

             (1)  If the Ombudsman has reasonable grounds to believe that an officer of a particular enforcement agency is able to give information relevant to an inspection under this Chapter of the agency's records, the Ombudsman may:

                     (a)  if the Ombudsman knows the officer's identity--by writing given to the officer, require the officer to do one or both of the following:

                              (i)  give the information to the Ombudsman, by writing signed by the officer, at a specified place and within a specified period;

                             (ii)  attend before a specified inspecting officer to answer questions relevant to the inspection; or

                     (b)  if the Ombudsman does not know the officer's identity--require the chief officer of the agency, or a person nominated by the chief officer, to attend before a specified inspecting officer to answer questions relevant to the inspection.

             (2)  A requirement under subsection (1) to attend before an inspecting officer must specify:

                     (a)  a place for the attendance; and

                     (b)  a period within which, or a time and day when, the attendance is to occur.

The place, and the period or the time and day, must be reasonable having regard to the circumstances in which the requirement is made.

             (3)  A person must not refuse:

                     (a)  to attend before a person; or

                     (b)  to give information; or

                     (c)  to answer questions;

when required to do so under this section.

Penalty for an offence against this subsection:     Imprisonment for 6 months.



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