CORRECTIONS ACT 1986 - SECT 71B Variation or revocation of notice to produce or notice to attend

CORRECTIONS ACT 1986 - SECT 71B

    (1)     A person on whom a notice to produce or notice to attend is served may make a claim to the Board—

        (a)     that the person has or will have a reasonable excuse for failing to comply with the notice; or

        (b)     in the case of a notice under section 71A(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting.

    (2)     Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Board if the information—

        (a)     in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or

        (b)     is the subject of parliamentary privilege; or

        (c)     is the subject of legal professional privilege; or

        (d)     is the subject of public interest immunity; or

        (e)     is prohibited from disclosure by a court order; or

        (f)     is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Board.

    (3)     If the Board is satisfied that the person's claim is made out, the Board, by further written notice served on the person, may vary or revoke the notice.

    (4)     The Board, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person.

    (5)     A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 71C.

S. 71C inserted by No. 41/2015 s. 6.