NSWIn ForceAct
Government Information (Information Commissioner) Act 2009
27Limits on coercive powers because of privilege etc
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#### 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—
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> > > (a) the privilege is a privilege of an agency, or
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> > > (b) it appears to the Commissioner that the person has waived the privilege.
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> > (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)—
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> > > (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
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> > > (b) any duty of secrecy or other restriction on disclosure applying to an agency.
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> > (3) In this section—
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> > coercive entry power means a power to inspect any premises or any record or thing on premises.
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> > coercive investigative power means a power to—
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> > > (a) require any person to give any statement of information, or
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> > > (b) require any person to produce any record or other thing, or
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> > > (c) require any person to give a copy of any record, or
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> > > (d) require any person to answer any question.