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CRIME AND CORRUPTION ACT 2001 - SECT 346C
Possession of and dealing with data and records of CJC inquiry
346C Possession of and dealing with data and records of CJC inquiry
(1) This section applies to the data and records of the CJC inquiry vested in
the parliamentary commissioner.
(2) The parliamentary commissioner may
request the archivist to— (a) keep, store and preserve the data and records;
and
(b) give persons access to the data and records in accordance with
subsection (5) .
(3) If the parliamentary commissioner makes a request under
subsection (2) — (a) the archivist must comply with the request; and
(b)
the archivist has the functions mentioned in subsection (2) (a) and (b) on
behalf of the parliamentary commissioner.
(4) A person may apply to the
archivist for access to the data and records. Note— See also section 469
for particular applications to the parliamentary commissioner for access to
the data and records.
(5) The archivist must give the person access to the
data and records if the parliamentary commissioner informs the archivist in
writing that the commissioner is satisfied the person has a legitimate need to
access them.
(6) The archivist may give a person access to the data and
records only under subsection (5) .
(7) The parliamentary commissioner must
review, in consultation with the archivist— (a) the appropriateness of the
requirement in subsection (5) for the commissioner to be satisfied of a
person’s legitimate need to access the data and records before giving access
to them; and
(b) whether the data and records should become public records
under the Public Records Act 2023 .
(8) The parliamentary commissioner must
carry out the review within 15 years after the commencement and subsequently
at least every 5 years.
(9) The parliamentary commissioner must inform the
archivist in writing of the outcome of each review.
(10) Also, the
parliamentary commissioner must inform the Minister in writing if the
commissioner is satisfied that the requirement in subsection (5) is no longer
appropriate and the data and records should become public records.
(11) In
this section—
"archivist" means the archivist under the Public Records Act 2023 .
"CJC inquiry" means the commission within the meaning of the
Commissions of Inquiry Act 1950 constituted by order in council of 7 October
1996 published in the gazette of that date at pages 475 and 476.
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