Commissioner may obtain information from government agencies
46K Commissioner may obtain information from government agencies
If the Commissioner has reason to believe that a government agency has information or a document relevant to the performance by the Commissioner of functions under this Part, the Commissioner may give a written notice to the agency requiring the agency:
to give the information to the Commissioner in writing signed by or on behalf of the agency; or
to produce the document to the Commissioner.
The notice must state:
the place at which the information or document is to be given or produced to the Commissioner; and
the time at which, or period within which, the information or document is to be given or produced.
A government agency must not, in response to a requirement under this section:
give information in a manner that would reveal the identity of a particular individual; or
produce a document that reveals the identity of a particular individual;
unless the individual has consented to the giving of the information or the production of the document.
If:
subsection (3) would prevent a government agency from complying with a requirement under this section to produce a document; and
the agency is able to provide a copy of the document that has had deleted from it the information that would reveal the identity of the individual concerned;
the agency must comply with the requirement by producing a copy with that information deleted.
In this section:
government agency means:
an authority of the Commonwealth, or of a State or Territory; or
a person who performs the functions of, or performs functions within, an authority of the Commonwealth, or of a State or Territory.
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