Commonwealth Consolidated Acts

AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 21

  (1)   Where the Commission has reason to believe that a person is capable of giving information or producing documents relevant to a matter under examination or inquiry under this Division, a member may, by notice in writing served on that 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:

  (a)   to give to the Commission, by writing signed by that person or, in the case of a body corporate, on behalf of the body corporate, any such information; or

  (b)   to produce to the Commission any such documents.

  (2)   Where:

  (a)   a person is required by a notice under subsection   (1) to give information or produce a document to the Commission; and

  (b)   the information or document originated with, or has been received from, an intelligence agency;

the person shall forthwith notify that agency of the making of the requirement.

  (3)   A reference in subsection   (2) to an intelligence agency is a reference to the Australian Secret Intelligence Service, the Australian Security Intelligence Organisation, the Australian Signals Directorate, the Office of National Intelligence, or the Australian Geospatial - Intelligence Organisation or the Defence Intelligence Organisation of the Defence Department.

  (4)   Where documents are produced to the Commission in accordance with a requirement under subsection   (1), the Commission:

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

  (b)   may retain possession of the documents for such period as is necessary for the purposes of the examination or inquiry to which the documents relate; and

  (c)   during that period shall permit a person who would be entitled to inspect any one or more of the documents if they were not in the possession of the Commission to inspect at all reasonable times such of the documents as that person would be so entitled to inspect.

  (5)   Where the Commission has reason to believe that a person is capable of giving information relevant to a matter under inquiry under this Division, a member may, by notice in writing served on the person, require the person to attend before the member, on such date and at such time and place as are specified in the notice, to answer questions relevant to the matter under inquiry.

  (6)   A person who attends at a place pursuant to a requirement made of the person under subsection   (1) or (5) is entitled to be paid by the Commonwealth a reasonable sum for the person's attendance at that place.