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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withdrawn, the person may be required to attend at a commission hearing to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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