Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DISCRIMINATION ACT 1991 (NO. 81 OF 1991) - SECT 85

Power to obtain information and documents

85. (1) Where the Commissioner believes on reasonable grounds that a person is capable of providing information or producing a document relevant to an investigation, the Commissioner may, by written notice given to the person, require the person—

(a)     to give the information to the Commissioner in writing signed by the person or, in the case of a body corporate, by an officer of the body corporate; or

(b)     to produce the document to the Commissioner.

(2) The notice shall state—

(a)     the place at which the information or document is to be given or produced to the Commissioner; and

(b)     the time at which, or the period within which, the information or document is to be given or produced.

(3) Where the Commissioner believes on reasonable grounds that a person has information relevant to an investigation, the Commissioner may, by written notice given to the person, require the person to attend before the Commissioner (whether at a compulsory conference, public hearing or otherwise) at a time and place specified in the notice to answer questions relevant to the investigation.

(4) Where a document is produced to the Commissioner in accordance with a requirement under subsection (1), the Commissioner—

(a)     may take possession of, and may make a copy of, or take extracts from, the document;

(b)     may retain possession of the document for such period as is necessary for the purposes of the relevant investigation; and

(c)     during that period shall permit a person who would be entitled to inspect the document, if it was not in the possession of the Commissioner, to inspect the document at any reasonable time.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback