Director‑General may direct person to give information
45 Director‑General may direct person to give information
The Director‑General may, in writing, direct a person (other than a person mentioned in subsection (5)) to give specified information to the Director‑General or a designated data service provider.
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
The direction:
must specify the form in which the information is to be given; and
may:
require the specified information to be given on or before a specified day; or
require information of a specified class to be given periodically, at a specified frequency, until the end of a specified period.
The day specified in a direction as mentioned in subparagraph (2)(b)(i), or the first day on which information must be given under a direction as mentioned in subparagraph (2)(b)(ii), must be least 14 days after the direction is given.
The Director‑General may specify information, or a class of information, in a direction only if the Director‑General is satisfied that:
the information, or information in the class, is reasonably necessary for the performance of the Director‑General’s functions or duties under this Act; and
it is reasonable in all the circumstances for the Director‑General to give the direction; and
the Director‑General has consulted the Advisory Council about the proposed direction.
Persons not subject to direction
The Director‑General must not give a direction under subsection (1) to any of the following:
an Australian government entity;
an international organisation;
an individual employed or engaged by the Commonwealth, a State, a Territory or an entity mentioned in paragraph (a) or (b).
This Act’s bill:Explanatory memorandumSecond reading speech
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