Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 21

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 sub-section(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 sub-section (2) to an intelligence agency is a reference to
the Australian Secret Intelligence Service, the Australian Security
Intelligence Organisation, the Office of National Assessments, or the Defence
Signals Directorate or the Joint Intelligence Organisation of the Department
of Defence.

(4) Where documents are produced to the Commission in accordance with a
requirement under sub-section (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 sub-section (1) or (5) is entitled to be paid by the Commonwealth
a reasonable sum for the person's attendance at that place.