Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 59

59. (1) Where the Director has reason to believe that a person is capable of
furnishing information or producing documents or other records relevant to-

   (a)  a decision being reviewed by the Agency in accordance with Division 3;

   (b)  an action being investigated by the Agency in accordance with Division
        4; or

   (c)  an inquiry being conducted by the Agency in accordance with Division
        5, the Director may, by notice in writing served on the 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-

   (d)  to furnish to the Director, by writing signed by that person or, in
        the case of a body corporate, by an officer of the body corporate, any
        such information; or

   (e)  to produce to the Director such documents or other records as are
        specified in the notice.

(2) Where documents or other records are produced to the Director in
accordance with a requirement under sub-section (1), the Director-

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

   (b)  may retain possession of the documents or other records for such
        period as is necessary for the purposes of the review, investigation
        or inquiry to which the documents or other records relate; and

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

(3) Where the Director has reason to believe that a person is able to give
information relevant to-

   (a)  a decision being reviewed by the Agency in accordance with Division 3;

   (b)  an action being investigated by the Agency in accordance with Division
        4; or

   (c)  an inquiry being conducted by the Agency in accordance with Division
        5, the Director may, by notice in writing served on the person,
        require the person to attend before him, on such date and at such time
        and place as are specified in the notice, to answer questions relevant
        to the decision, action or inquiry, as the case may be.

(4) Where the Attorney-General furnishes to the Director a certificate
certifying that the disclosure to the Director of information concerning a
specified matter (including the furnishing of information in answer to a
question) or the disclosure to the Director of the contents of any documents
or records would be contrary to the public interest-

   (a)  by reason that it would prejudice the security, defence or
        international relations of the Commonwealth;

   (b)  by reason that it would involve the disclosure of communications
        between a Minister and a Minister of a State or of the Northern
        Territory, being a disclosure that would prejudice relations between
        the Commonwealth Government and the Government of a State or of the
        Northern Territory, as the case may be;

   (c)  by reason that it would involve the disclosure of deliberations or
        decisions of the Cabinet or of a Committee of the Cabinet; or

   (d)  by reason that it would involve the disclosure of deliberations or
        advice of the Executive Council, the Director is not entitled to
        require a person to furnish any information concerning the matter, to
        answer questions concerning the matter or to produce those documents
        or records to the Director.

(5) A person is not liable to any penalty under the provisions of any other
enactment by reason of his furnishing information, producing a document or
other record or answering a question when required to do so under this Act.

(6) The reference in sub-section (1) to an officer, in relation to a body
corporate that is not a Commonwealth authority, includes a reference to a
director, secretary, executive officer or employee of the body corporate.