59Power to obtain information and documents

##### 59 Power to obtain information and documents (1) Where the Merit Protection Commissioner has reason to believe that a person is capable of furnishing information or producing documents or other records relevant to: (a) a decision being reviewed by the Agency in accordance with Division 3; (b) an action being investigated by the Agency in accordance with Division 4; or (c) an inquiry being conducted by the Agency in accordance with Division 5; the Merit Protection Commissioner may, by notice in writing served on the person, require that person, at such place, and within such period or on such date and at such time, as are specified in the notice: (d) to furnish to the Merit Protection Commissioner, by writing signed by that person or, in the case of a body corporate, by an officer of the body corporate, any such information; or (e) to produce to the Merit Protection Commissioner such documents or other records as are specified in the notice. (2) Where documents or other records are produced to the Merit Protection Commissioner in accordance with a requirement under subsection (1), the Merit Protection Commissioner: (a) may take possession of, and may make copies of, or take extracts from, the documents or other records; (b) may retain possession of the documents or other records for such period as is necessary for the purposes of the review, investigation or inquiry to which the documents or other records relate; and (c) during that period shall permit a person who would be entitled to inspect any one or more of the documents or other records if they were not in the possession of the Merit Protection Commissioner to inspect at all reasonable times such of the documents or other records as that person would be so entitled to inspect. (3) Where the Merit Protection Commissioner has reason to believe that a person is able to give information relevant to: (a) a decision being reviewed by the Agency in accordance with Division 3; (b) an action being investigated by the Agency in accordance with Division 4; or (c) an inquiry being conducted by the Agency in accordance with Division 5; the Merit Protection Commissioner may, by notice in writing served on the person, require the person to attend before him or her, on such date and at such time and place as are specified in the notice, to answer questions relevant to the decision, action or inquiry, as the case may be. (4) Where the Attorney‑General furnishes to the Merit Protection Commissioner a certificate certifying that the disclosure to the Merit Protection Commissioner of information concerning a specified matter (including the furnishing of information in answer to a question) or the disclosure to the Merit Protection Commissioner of the contents of any documents or records would be contrary to the public interest: (a) by reason that it would prejudice the security, defence or international relations of the Commonwealth; (b) by reason that it would involve the disclosure of communications between a Minister and a Minister of a State, of the Australian Capital Territory or of the Northern Territory, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State, of the Australian Capital Territory or of the Northern Territory, as the case may be; (c) by reason that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or (d) by reason that it would involve the disclosure of deliberations or advice of the Executive Council; the Director is not entitled to require a person to furnish any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the Merit Protection Commissioner. (5) A person is not liable to any penalty under the provisions of any other enactment by reason of his or her furnishing information, producing a document or other record or answering a question when required to do so under this Act. (6) The reference in subsection (1) to an officer, in relation to a body corporate that is not a Commonwealth authority, includes a reference to a director, secretary, executive officer or employee of the body corporate.