New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 360I

360I Power to require documents

(1) The Commissioner may, by notice given to a relevant executive, require the relevant executive to give the Commissioner documents specified in the notice that are reasonably required for the exercise of the Commissioner's functions, including documents that contain personal information.

Note--: Under the Privacy and Personal Information Protection Act 1998 , section 25, a public sector agency is not required to comply with particular provisions of that Act if non-compliance is otherwise permitted or is necessarily implied or reasonably contemplated under another Act.

(2) A notice under subsection (1) must specify--

(a) the way in which the documents must be given, and

(b) a reasonable time within which the documents must be given.

(3) A notice under this section may only require the relevant executive to give existing documents that are--

(a) in the possession of the relevant Public Service agency or relevant State owned corporation, or

(b) within the power of the relevant Public Service agency or relevant State owned corporation to obtain lawfully.

(4) The Commissioner may take copies of a document given to the Commissioner under this section.

(5) If a document required to be provided by a notice under this section is in electronic, mechanical or other form, the document must be given in written form, unless the notice specifies otherwise.

(6) A relevant executive given a notice under this section must comply with the notice unless the relevant executive has a reasonable excuse.