Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 46

Directions to persons to attend compulsory conference

             (1)  For the purposes of performing the Commissioner's functions in relation to a complaint, the Commissioner may, by written notice, direct:

                     (a)  the complainant;

                     (b)  the respondent; and

                     (c)  any other person who, in the opinion of the Commissioner, is likely to be able to provide information relevant to the matter to which the complaint relates or whose presence at the conference is, in the opinion of the Commissioner, likely to assist in connection with the performance of the Commissioner's functions in relation to the complaint;

to attend, at a time and place specified in the notice, a conference presided over by the Commissioner.

             (2)  A person who has been directed to attend a conference and who:

                     (a)  fails to attend as required by the direction; or

                     (b)  fails to attend from day to day unless excused, or released from further attendance, by the Commissioner;

commits an offence punishable on conviction:

                     (c)  in the case of an individual--by imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both; or

                     (d)  in the case of a body corporate--by a fine not exceeding 50 penalty units.

          (2A)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).

             (3)  A person who has been directed under subsection (1) to attend a conference is entitled to be paid by the Commonwealth a reasonable sum for the person's attendance at the conference.

             (4)  The Commissioner may, in a notice given to a person under subsection (1), require the person to produce such documents at the conference as are specified in the notice.



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