Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_144
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 144
Character Range: 997892–1000402

144  Power to obtain relevant information

Relevant agency
 (1) If the Ombudsman has reasonable grounds to believe that an officer of a particular relevant agency is able to give information relevant to an inspection under this Part of the relevant agency's records, the Ombudsman may:
 (a) if the Ombudsman knows the officer's identity—by written notice given to the officer, require the officer to do one or both of the following:
 (i) give the information to the Ombudsman, by writing signed by the officer, at a specified place and within a specified period;
 (ii) attend before a specified inspecting officer to answer questions relevant to the inspection; or
 (b) if the Ombudsman does not know the officer's identity—require the chief officer of the relevant agency, or a person nominated by the chief officer, to attend before a specified inspecting officer to answer questions relevant to the inspection.

Australian Designated Authority
 (2) If the Ombudsman has reasonable grounds to believe that a member of staff of the Attorney‑General's Department is able to give information relevant to an inspection under this Part of the Australian Designated Authority's records, the Ombudsman may:
 (a) if the Ombudsman knows the member's identity—by written notice given to the member, require the member to do one or both of the following:
 (i) give the information to the Ombudsman, by writing signed by the member, at a specified place and within a specified period;
 (ii) attend before a specified inspecting officer to answer questions relevant to the inspection; or
 (b) if the Ombudsman does not know the member's identity—require the Australian Designated Authority, or a person nominated by the Australian Designated Authority, to attend before a specified inspecting officer to answer questions relevant to the inspection.

Specification of place and period etc.
 (3) A requirement under subclause (1) or (2) to attend before an inspecting officer must specify:
 (a) a place for the attendance; and
 (b) a period within which, or a time and day when, the attendance is to occur.
The place, and the period or the time and day, must be reasonable having regard to the circumstances in which the requirement is made.

Offence
 (4) A person commits an offence if:
 (a) the person is subject to a requirement under subclause (1) or (2); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty for an offence against this subclause: Imprisonment for 6 months.