Queensland Consolidated Acts

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CRIME AND CORRUPTION ACT 2001 - SECT 72

Power to require information or documents

72 Power to require information or documents

(1) This section applies only for a crime investigation or specific intelligence operation (crime).
(2) The chairperson may, by notice given to a person holding an appointment in a unit of public administration, require the person, within the reasonable time and in the way stated in the notice, to give an identified commission officer—
(a) an oral or written statement of information of a stated type relevant to a crime investigation or specific intelligence operation (crime) that is in the possession of the unit; or
(b) a stated document or other stated thing, or a copy of a stated document, relevant to a crime investigation or specific intelligence operation (crime) that is in the unit’s possession; or
(c) all documents of a stated type, or copies of documents of the stated type, containing information relevant to a crime investigation or specific intelligence operation (crime) that are in the unit’s possession.
(3) The chairperson may, by notice given to a person holding an appointment in a unit of public administration, require the person—
(a) to attend before an identified commission officer at a reasonable time and place stated in the notice; and
(b) at the time and place stated in the notice, to give to the officer a document or thing stated in the notice that—
(i) relates to the performance by the unit of the unit’s functions; and
(ii) is relevant to a crime investigation or specific intelligence operation (crime).
(4) The person must comply with a notice under subsection (2) or (3) , unless the person has a reasonable excuse.
Penalty—
Maximum penalty—85 penalty units or 1 year’s imprisonment.
(5) A person who fails to comply with a notice under subsection (2) or (3) does not commit an offence if—
(a) the information, document or thing is subject to privilege; or
(b) a provision of another Act prescribed under a regulation for this subsection excuses compliance with the requirement.
Note—
If a claim of privilege is made, the commission officer is required to consider the claim under section 77 and, if the requirement is not withdrawn, the person may be required to attend at a commission hearing to establish the claim.
(6) A person does not, by complying with a notice under subsection (2) or (3) in relation to the information, document or thing—
(a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the information, document or thing; or
(b) incur any civil liability in relation to the information, document or thing.
(7) The notice must—
(a) state whether it relates to a crime investigation or a specific intelligence operation (crime); and
(b) for a notice requiring a statement of information—indicate briefly the general nature of the information by reference to a particular matter or to the type of information sought; and
(c) for a notice requiring the giving of a document or other thing—identify the document or thing sufficiently to enable the person to know what is required.



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