Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 27

27. (1) The Ombudsman may, by notice in writing, require a person whom he
believes to be capable of giving information relevant to an investigation
under this Part to furnish to him in writing, within a period specified in the
notice, such information, and to produce to him such documents and other
records, being information, documents or records relevant to the
investigation, as are specified in the notice.

(2) Without limiting the application of sub-section (1), the Commissioner
shall, at the request, in writing, of the Ombudsman, cause any documents that
are in the possession or under the control of the Investigation Division and
that relate to the investigation by the Investigation Division of a complaint
that is being investigated under this Part to be produced to the Ombudsman.

(3) For the purposes of an investigation under this Part, the Ombudsman may,
by notice in writing, require -

   (a)  the complainant;

   (b)  if the complaint was made by the complainant at the request of another
        person or of a body of persons - that other person or a person
        included in that body of persons;

   (c)  a member, or an officer of a Department or prescribed authority, who
        is, in the opinion of the Ombudsman, able to give information relevant
        to the investigation; or

   (d)  with the approval of the Minister, any other person who is, in the
        opinion of the Ombudsman, able to give any such information, to attend
        before him at a time and place specified in the notice and there to
        answer questions relevant to the investigation.

(4) Where the Attorney-General furnishes to the Ombudsman a certificate
certifying that the disclosure of information concerning a specified matter
(including the furnishing of information in answer to a question) or the
disclosure of the contents of any documents or records would be contrary to
the public interest -

   (a)  by reason that it would prejudice the security, defence or
        international relations of the Commonwealth;

   (b)  by reason that it would involve the disclosure of communications
        between a Minister and a Minister of a State, being a disclosure that
        would prejudice relations between the Commonwealth Government and the
        Government of the State; or

   (c)  by reason that it would involve the disclosure of deliberations or
        decisions of the Cabinet or of a Committee of the Cabinet, the
        Ombudsman is not entitled to require a person to furnish any
        information concerning the matter, or to produce those documents or
        records to the Ombudsman.

(5) Notwithstanding the provisions of any enactment, a person is not excused
from furnishing any information, producing a document or other record or
answering a question when required to do so under this Part on the ground that
-

   (a)  the furnishing of the information, the production of the document or
        record or the answering of the question -

        (i)    would contravene the provisions of any other enactment;

        (ii)   would be contrary to the public interest; or

        (iii)  might make him liable to a penalty;

   (b)  the information, the production of the document or record or the
        answer to the question might tend to incriminate him; or

   (c)  the information, the document or record or the answer would disclose
        legal advice furnished to a Minister, to a Department, to the
        Australian Federal Police or to a prescribed authority, but the
        information, the production of the document or record or the answer to
        the question is not admissible in evidence against him in proceedings
        other than proceedings for an offence against section 44.

(6) A person is not liable to any penalty under the provisions of any other
enactment by reason of his furnishing information, producing a document or
other record or answering a question when required to do so under this Part.

(7) In this section, a reference to a State shall be construed as including a
reference to the Northern Territory.