Commonwealth Numbered Acts

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PRIVACY ACT 1988 No. 119, 1988 - SECT 46

Directions to persons to attend compulsory conference
46. (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, without
reasonable excuse:

   (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; is guilty of an offence
        punishable on conviction:

   (c)  in the case of an individual-by a fine not exceeding $1,000 or
        imprisonment for a period not exceeding 6 months, or both; or

   (d)  in the case of a body corporate-by a fine not exceeding $5,000.

(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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