27Limits on coercive powers because of privilege etc

27 Limits on coercive powers because of privilege etc

27 Limits on coercive powers because of privilege etc

(1) The Commissioner must not exercise a coercive entry power and must set aside any requirement imposed under a coercive investigative power if it appears to the Commissioner that any person has a ground of privilege, whereby, in proceedings in a court of law, the person might resist a like requirement or the exercise of a like power, unless—

(a) the privilege is a privilege of an agency, or

(b) it appears to the Commissioner that the person has waived the privilege.

(2) However, the Commissioner may exercise a coercive entry or investigative power despite (and is not required to set aside any requirement imposed under a coercive investigative power merely because of)—

(a) any rule of law that, in proceedings in a court of law, might justify an objection to compliance with a like requirement or the exercise of a like power on grounds of public interest, or

(b) any duty of secrecy or other restriction on disclosure applying to an agency.

(3) In this section—

coercive entry power means a power to inspect any premises or any record or thing on premises.

coercive investigative power means a power to—

(a) require any person to give any statement of information, or

(b) require any person to produce any record or other thing, or

(c) require any person to give a copy of any record, or

(d) require any person to answer any question.