Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 87

  (1)   Where the Ombudsman has reason to believe that an officer of an agency is able to give information relevant to an inspection under this Part of the agency's records, subsections   (2) and (3) have effect.

  (2)   The Ombudsman may, by writing given to the officer, require the officer to give the information to the Ombudsman:

  (a)   by writing signed by the officer; and

  (b)   at a specified place and within a specified period.

  (3)   The Ombudsman may, by writing given to the officer, require the officer to attend:

  (a)   before a specified inspecting officer;

  (b)   at a specified place; and

  (c)   within a specified period or at a specified time on a specified day;

in order to answer questions relevant to the inspection.

  (4)   Where the Ombudsman:

  (a)   has reason to believe that an officer of an agency is able to give information relevant to an inspection under this Part of the agency's records; and

  (b)   does not know the officer's identity;

the Ombudsman may, by writing given to the chief officer of the agency, require the chief officer, or a person nominated by the chief officer, to attend:

  (c)   before a specified inspecting officer;

  (d)   at a specified place; and

  (e)   within a specified period or at a specified time on a specified day;

in order to answer questions relevant to the inspection.

  (5)   The place, and the period or the time and day, specified in a requirement under this section shall be reasonable having regard to the circumstances in which the requirement is made.

  (6)   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.