Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 48

Offence not to comply with compliance notice

48. Offence not to comply with compliance notice



(1) An organisation must comply with a compliance notice served on it under
section 44(1) that is in effect.

Penalty: In the case of a body corporate, 3000 penalty units; In any other
case, 600 penalty units.

(2) A compliance notice served under section 44(1) does not take effect-

   (a)  until the expiry of the period specified in the notice; or

   (b)  until the expiry of any extended period fixed under section 44(3); or

   (c)  until the expiry of the period within which an application for review
        of the decision to serve the notice may be made to the Tribunal under
        section 49(1); or

   (d)  if an application is made under section 49(1) for review of the
        decision to serve the notice, unless and until the review has been
        determined in favour of the Privacy Commissioner-

whichever is the later.

(3) An offence against subsection (1) is an indictable offence.