NSWIn ForceAct
Privacy and Personal Information Protection Act 1998
68Offences relating to dealings with Privacy Commissioner
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#### 68 Offences relating to dealings with Privacy Commissioner
68 Offences relating to dealings with Privacy Commissioner
> > (1) A person must not—
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> > > (a) without lawful excuse, wilfully obstruct, hinder or resist the Privacy Commissioner or a member of the staff of the Privacy Commissioner in the exercise of functions under this or any other Act, or
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> > > (b) without lawful excuse, refuse or wilfully fail to comply with any lawful requirement of the Privacy Commissioner or a member of the staff of the Privacy Commissioner under this or any other Act, or
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> > > (c) wilfully make any false statement to or mislead, or attempt to mislead, the Privacy Commissioner or a member of the staff of the Privacy Commissioner in the exercise of functions under this or any other Act.
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> > Maximum penalty—10 penalty units.
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> > (2) A person must not directly or indirectly—
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> > > (a) if the person is not the Privacy Commissioner—represent that he or she is the Privacy Commissioner, or
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> > > (b) if the person has not been appointed under this Act as acting Privacy Commissioner—represent that he or she has been so appointed, or
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> > > (c) if the person is not a person to whom a delegation has been made under this Act or the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071)—represent that he or she is such a person, or
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> > > (d) if the person is not a member of the staff of the Privacy Commissioner—represent that he or she is a member of that staff.
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> > Maximum penalty—10 penalty units.
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> > (3) For the purposes of subsection (2), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said, whereby it is represented, or whereby a belief may be induced, that the state of affairs exists.
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> **s 68:** Am 2002 No 71, Sch 3 \[23\].