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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

87: Power to require information and documents

You could also call this:

"The Commissioner can ask you for information or documents to help with their investigation"

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The Commissioner can ask you to give them information or documents at any time during an investigation. You have to give them any information or documents that they think might be relevant to the investigation. This can include things like papers or electronic files that you have or can control. You must give the Commissioner the information or documents as soon as you can, but no later than the date they specify in their notice, or 20 working days after you get the notice if they do not specify a date. If you need more time to give the Commissioner the information or documents, you can ask for an extension, and you must do this before the deadline, telling them how much more time you need and why you need it.

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Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

87Power to require information and documents

  1. At any time during an investigation, the Commissioner may, by notice, require any person to provide—

  2. any information in the person’s possession, or under the person’s control, that the Commissioner considers may be relevant to the investigation:
    1. any documents or things in the person’s possession, or under the person’s control, that the Commissioner considers may be relevant to the investigation.

      1. A person who receives a notice under subsection (1) must comply with that notice as soon as practicable, but in no case later than—

      2. the date specified in the notice; or
        1. if no date is specified in the notice, the 20th working day after the date of receipt of the notice.

          1. However, a person may request an extension of the time limit for complying with a notice received under subsection (1) if—

          2. the requirement in the notice relates to, or necessitates a search through, a large quantity of information, documents, or things, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
            1. the consultations necessary before the requirement in the notice can be complied with are such that meeting the original time limit is unreasonable; or
              1. the complexity of the issues raised by the requirement in the notice is such that meeting the original time limit is unreasonable.

                1. A request under subsection (3) must be made to the Commissioner before the expiry of the date in subsection (2)(b) and specify—

                2. the period of the extension sought; and
                  1. the reasons for the extension; and
                    1. any other relevant information.

                      1. The Commissioner must grant a request made under subsection (3) if satisfied that any of the grounds specified in that subsection are established.

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