36Power to request information from government agencies

36 Power to request information from government agencies

(1) This section applies in relation to information or documents: (a) that are held by a government agency; and (b) that the Inspector believes to be relevant to an inquiry conducted in accordance with a direction of the Minister under section 11; and (c) that are not OBR information; and (d) that are not restricted information that the government agency has been given access to under section 62 of the Transport Safety Investigation Act 2003. (2) The Inspector may request the government agency to: (a) give the Inspector the information; or (b) produce to the Inspector the documents. (3) The government agency may comply with the request despite any other law.

Note: This section constitutes authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.

(4) The Inspector may, in the course of conducting an inquiry in accordance with a direction of the Minister under section 11, copy, make a record of, use or disclose information given or documents produced by the government agency. (5) A person assisting another person in the exercise of powers or performance of functions under this Act (an assistant), may, for the purposes of an inquiry conducted in accordance with a direction of the Minister under section 11, copy, make a record of, use or disclose information given or documents produced by the government agency. (6) Neither the Inspector nor an assistant may, in the course of the inquiry, disclose information given or documents produced by the government agency, without the prior agreement of the government agency, if, in the Inspector’s opinion, the disclosure may: (a) compromise an investigation that is being conducted by the government agency; or (b) have a substantial adverse effect on the proper and efficient conduct of the operations of the government agency. (7) A person commits an offence if: (a) information is disclosed to the person; and (b) the information is disclosed in circumstances permitted under subsections (4) and (6), or subsections (5) and (6); and (c) the information is not disclosed to the person because the person is exercising powers or performing functions under this Act, or assisting another person in the exercise of powers or performance of functions under this Act; and (d) the person does any of the following: (i) copies, or makes a record of, the information; (ii) uses the information; (iii) discloses the information to any other person or to a court, a tribunal or a coroner.

Penalty: Imprisonment for 2 years.

(8) Subsection (7) does not apply to any conduct that is necessary for the purpose of assisting with an inquiry conducted in accordance with a direction of the Minister under section 11.

Note: A defendant bears an evidential burden in relation to a matter in subsection (8): see subsection 13.3(3) of the Criminal Code.