33Commissioner may require information etc.

33  Commissioner may require information etc.

 (1) If the Commissioner has reasonable grounds to suspect that a person has information, a document or thing relevant to a special inquiry, the Commissioner may, by written notice, require a person:

 (a) to give the Commissioner the information, or a statement setting out the information, that is referred to in the notice; or

 (b) to produce to the Commissioner the documents or things that are referred to in the notice.

Note: Failure to give the information or statement, or to produce the documents or things, is an offence: see section 57.

 (2) The notice:

 (a) must:

 (i) be signed by the Commissioner; and

 (ii) be served on the person required to give the information or provide the documents or things; and

 (iii) specify the period within which the person must comply with the notice; and

 (b) may require information be given in writing.

 (3) A time specified in a notice must be at least 14 days after the notice is served on the person.

 (4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.

 (5) For the purposes of sections 57 (failure to attend hearing, give information or produce documents etc.), 60 (legal professional privilege) and 61 (offences relating to claims for legal professional privilege), the power of the Commissioner under this section to require a person to give information or a statement, or produce a document or thing, includes the power to require the person to give information or a statement, or produce a document or thing, that is subject to legal professional privilege.

Note: Under section 60, legal professional privilege is not a reasonable excuse for failing to produce the document etc. unless a court has found the document etc. to be subject to legal professional privilege or the Commissioner has accepted a claim for legal professional privilege.

 (6) Before a notice is served under subsection (1) on a person, in the person’s capacity as someone who is or has been a coroner or an officer or employee of a coroners’ court, the Commissioner must consider requesting the coroner or the coroners’ court to disclose information in accordance with section 45.

 (7) If the Commissioner serves a notice under subsection (1) on an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:

 (a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or

 (b) in any other case—the accountable authority of the Commonwealth entity.