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COMMONWEALTHAct
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s 39

National Commissioner may require information or documents

In force
Part 4Obtaining, using and protecting information
Division 2Power to require information

39 National Commissioner may require information or documents

(1)

This section applies if the National Commissioner reasonably believes that a person has, or could take reasonable steps to obtain, information or documents relevant to the National Commissioner’s performance of functions.

(2)

The National Commissioner may give the person a written notice that requires the person to do one or more of the things mentioned in subsection 40(1) (give specified information, produce specified documents or appear to answer questions).

Note:

Failing to comply with a notice given to a person may result in a civil penalty: see section 41.

Notice does not authorise government entity or official to provide personal information

(3)

A notice given to an Australian government entity or official does not authorise the provision of personal information about an individual, other than if the individual has consented to the use or disclosure of the information for that purpose.

Note:

If the notice requires the production of a document containing personal information, the person complies with the notice by producing a copy of the document with that information deleted.

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