Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 75

75 Notice to discover information

(1) This section applies—

(a) only for a corruption investigation or a specific intelligence operation (corruption); and

(b) only if the chairperson reasonably suspects that a person, whether or not the person holds an appointment in a unit of public administration, has information, or possession of a document or thing, relevant to the investigation or operation.

(2) The chairperson may, by notice (
"notice to discover" ) given to the person, 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 the investigation or operation that is in the person’s possession; or

(b) a stated document or other stated thing, or a copy of a stated document, relevant to the investigation or operation that is in the person’s possession; or

(c) all documents of a stated type, or copies of documents of the stated type, containing information relevant to the investigation or operation that are in the person’s possession.

(3) The person must comply with the notice.

Penalty—

Maximum penalty—85 penalty units or 1 year’s imprisonment.

(4) A person does not, by complying with the notice to discover 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.

(5) A person who fails to comply with the notice does not commit an offence if the information, document or thing—

(a) is subject to privilege; or

(b) is a secret process of manufacture applied by the person solely for a lawful purpose.

Note—

If a claim of privilege is made, the commission officer is required to consider the claim under section 80 and, if the requirement is not withdrawn, the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 196 .

(6) The chairperson may require the person to give an oral statement of information under oath and a written statement of information by way of statutory declaration.

(7) The notice to discover must—

(a) state whether it relates to a corruption investigation or a specific intelligence operation (corruption); and

(b) if it requires a statement of information—indicate briefly the general nature of the information the person is suspected of having, by reference to a particular matter or to the type of information sought; and

(c) if it requires the giving of a document or other thing—identify the document or thing sufficiently to enable the person to know what is required.

(8) The notice—

(a) may provide that its requirement may be met by some person acting for the person to whom it is directed; and

(b) may specify the person or class of person who may so act.