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NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 20 Authority may require information from certain Commonwealth agencies

NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 20

Authority may require information from certain Commonwealth agencies
20. (1) A member or acting member may, by notice in writing served on the
principal officer of an agency, or on a person who is a member, officer or
employee of an agency, require that principal officer, or that person, as the
case may be, to furnish to the Authority, by writing signed by that principal
officer, or by that person, within the time and in the manner specified in the
notice, information so specified, being information that-

   (a)  was acquired by the first-mentioned agency in the ordinary course of
        performing its functions, or was acquired by that person in that
        person's capacity as such a member, officer or employee; and

   (b)  is relevant to a prescribed investigation.

(2) A member or acting member may, by notice in writing served on the
principal officer of an agency, require that principal officer-

   (a)  to attend, at a time and place specified in the notice, before a
        person specified in the notice, being a member or acting member of the
        Authority or a member of the staff of the Authority; and

   (b)  to produce at that time and place to the person so specified a
        document or thing specified in the notice, being a document or thing
        that relates to the performance by the agency of its functions and is
        relevant to a prescribed investigation.

(3) If a person who is required, by a notice served on him under this section,
to furnish information, or produce a document or thing, to a person
specified in the notice (in this sub-section referred to as the "specified
person") claims to the specified person that he is entitled to refuse to
furnish the information or produce the document or thing, the specified person
shall-

   (a)  if he is satisfied that the claim is justified-inform the claimant
        that the requirement will not be insisted upon; or

   (b)  in any other case-inform the claimant that he is not so satisfied and,
        if the document or thing is not produced forthwith, refer the claim to
        the Authority for decision under section 32.

(4) Subject to a prescribed provision, but notwithstanding any other provision
of a law of the Commonwealth that prohibits the divulging or communicating of
information or the production of a document or thing, a person shall not-

   (a)  without reasonable excuse, fail to comply with a notice served on the
        person under sub-section (1) or (2); or

   (b)  in purported compliance with a notice served on the person under
        sub-section (1), knowingly furnish information that is false or
        misleading.

Penalty: $1,000 or imprisonment for 6 months.

(5) In this section-

"agency" has the same meaning as that expression has in the Freedom of 
Information Act 1982 ;

"law of the Commonwealth" includes a law of a Territory;

"prescribed investigation" means an investigation that the Authority, in the
performance of any of the functions referred to in paragraphs 11 (1) (b) and
(d) and in sub-section 11 (2), is conducting or co-ordinating;

"prescribed provision" means a provision of a law of the Commonwealth that is
specified in the Schedule;

"principal officer" has the same meaning as that expression has in the
Freedom of Information Act 1982.

(6) The regulations may amend the Schedule by inserting in the Schedule, or by
omitting from the Schedule, a reference to a provision of a law of the
Commonwealth.