27Powers of Commissioner to compel giving of information

27 Powers of Commissioner to compel giving of information

27 Powers of Commissioner to compel giving of information

(1) For the purposes of investigating an alleged contravention of the Charter, the Commissioner may, by written notice—

(a) require an agency to give the Commissioner information, or

(b) ask a person to give the Commissioner information.

(2) A notice under subsection (1)—

(a) for a notice under subsection (1)(a)—must specify a day on or before which the information must be given, and

(b) for a notice under subsection (1)(b)—may specify a day on or before which the information must be given.

(3) A person who gives the Commissioner information the person knows is false or misleading in a material particular is guilty of an offence.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) otherwise—100 penalty units.

(4) If documents are given to the Commissioner under this section, the Commissioner—

(a) may take possession of, and make copies of or take extracts from, the documents, and

(b) may keep possession of the documents for the period necessary for exercising the function, and

(c) during that period, must permit the documents to be inspected at all reasonable times by the persons who would be entitled to inspect the documents if the documents were not in the Commissioner’s possession.