Australian Capital Territory Current Acts

HUMAN RIGHTS COMMISSION ACT 2005 - SECT 73

    (1)     This section applies if the commission believes, on reasonable grounds, that a person can provide information or produce a document or something else relevant to a consideration in relation to a complaint.

    (2)     The commission may, by written notice given to the person, require the person to provide the information or produce the document or other thing.

    (3)     The notice must state how, and the time within which, the person must comply with the requirement.

    (4)     A person commits an offence if—

        (a)     the person is required by a notice under this section to provide information to the commission for a consideration in relation to a complaint; and

        (b)     the person is not the complainant or the aggrieved person for the complaint; and

        (c)     the person fails to provide the information to the commission as required.

Maximum penalty: 50 penalty units.

Note 1     See s 75 for when a person required by a notice under this section to provide information or produce a document or other thing cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty.

Note 2     If the commission requires a complainant to provide information or produce a document or other thing and the complainant does not comply with the requirement, the commission may close the complaint (see s 78 (1) (c)).

Note 3     Giving false information is an offence against the Criminal Code

, s 338.

    (5)     Subsection (4) does not apply—

        (a)     if the complaint is a victims rights complaint—to a justice agency; or

        (b)     if the person has a reasonable excuse for failing to provide the information to the commission as required.

    (6)     A person commits an offence if—

        (a)     the person is required by a notice under this section to produce to the commission a document or other thing for a consideration in relation to a complaint; and

        (b)     the person is not the complainant or the aggrieved person for the complaint; and

        (c)     the person fails to produce the document or other thing to the commission as required.

Maximum penalty: 50 penalty units.

    (7)     Subsection (6) does not apply—

        (a)     if the complaint is a victims rights complaint—to a justice agency; or

        (b)     if the person has a reasonable excuse for failing to produce the document or other thing to the commission as required.