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Human Rights Commission Act 2005
73Power to ask for information, documents and other
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73 Power to ask for information, documents and other
things
(1) This section applies if the commission believes, on reasonable
grounds, that a person can provide information or produce a
document or something else relevant to a consideration in relation to
a complaint.
(2) The commission may, by written notice given to the person, require
the person to provide the information or produce the document or
other thing.
(3) The notice must state how, and the time within which, the person must
comply with the requirement.
(4) A person commits an offence if—
(a) the person is required by a notice under this section to provide
information to the commission for a consideration in relation to
a complaint; and
(c) the person fails to provide the information to the commission as
required.
Note 1 See s 75 for when a person required by a notice under this section to
provide information or produce a document or other thing cannot rely on
the common law privileges against self-incrimination and exposure to the
imposition of a civil penalty.
Note 2 If the commission requires a complainant to provide information or
produce a document or other thing and the complainant does not comply
with the requirement, the commission may close the complaint (see
s 78 (1) (c)).
Note 3 Giving false information is an offence against the Criminal Code, s 338.
(5) Subsection (4) does not apply—
(b) if the person has a reasonable excuse for failing to provide the
information to the commission as required.
(6) A person commits an offence if—
(a) the person is required by a notice under this section to produce
to the commission a document or other thing for a consideration
in relation to a complaint; and
(c) the person fails to produce the document or other thing to the
commission as required.
(7) Subsection (6) does not apply—
(b) if the person has a reasonable excuse for failing to produce the
document or other thing to the commission as required.