19AExaminer may request information from agencies

19A Examiner may request information from agencies

(1) Subject to section 20A, an examiner may, by writing served on the principal officer of an agency, or on a person who is, or has been, a member, officer or employee of an agency, request that principal officer, or that person, as the case may be, to furnish to the examiner, by writing signed by that principal officer, or by that person, information specified in the request, 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 a member, officer or employee of the second‑mentioned agency, as the case may be; and (b) is relevant to a special ACC operation/investigation. (2) Subject to section 20A, an examiner may, by writing served on the principal officer of an agency, request that principal officer to send to the examiner a document or thing specified in the request, being a document or thing that relates to the performance by the agency of its functions and is relevant to a special ACC operation/investigation. (3) Where: (a) a relevant request in relation to an agency has been served on a prescribed officer of the agency; and (b) the prescribed officer considers it appropriate, having regard to the relevant matters in relation to the request, to comply with the request; the prescribed officer may comply with the request. (4) Where: (a) a relevant request in relation to an agency has been served on a person who is, or has been, a member, officer or employee of the agency but who is not a prescribed officer of the agency; and (b) a prescribed officer of the agency considers it appropriate, having regard to the relevant matters in relation to the request, for the person to comply with the request; the prescribed officer may direct the person in writing to comply with the request and, if the prescribed officer does so, the person shall not refuse or fail to comply with the request.

Penalty: 10 penalty units or imprisonment for 6 months.

(5) Subsections (3) and (4) have effect subject to: (a) subsection (6); and (b) a taxation secrecy provision; and (c) a secrecy provision specified in an arrangement under section 20A; and (d) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 and clause 152 of Schedule 1 to that Act; but have effect despite any other secrecy provision.

Note: If the information is protected information (within the meaning of section 355‑30 in Schedule 1 to the Taxation Administration Act 1953), the officer or person may decline to disclose that information unless an exception in Division 355 in that Schedule covers the disclosure.

(6) Where: (a) a relevant request in relation to the Administrative Review Tribunal has been served on a person who is, or has been, a member or officer of the Tribunal; and (b) if subsections (3) and (4) of this section had not been enacted, section 81 of the Australian Security Intelligence Organisation Act 1979 would prohibit the person from furnishing or sending to the examiner, in compliance with the request, particular information, or a particular document or thing, that originated with, or was directly or indirectly received by that tribunal or by such a member, officer or employee from, the Australian Security Intelligence Organisation; subsection (3) or (4), as the case requires, of this section does not entitle or require the person so to furnish the information or send the document or thing. (7A) An action, suit or proceeding does not lie against: (a) a prescribed officer of an agency; or (b) a person who is, or has been, a member, officer or employee of an agency; in relation to any action taken by such an officer or person in compliance, in accordance with this section, with a request under this section. (8) In this section: