Document ID: chunk:federal_register_of_legislation:F2016C00986:body:0:p3
Version: federal_register_of_legislation:F2016C00986
Segment Type: other
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Character Range: 5250–8518

certain circumstances, to give particular information or evidence, or produce documents, to the Agency or an officer for the purposes of the Act.

    3.2 Generally, a requirement under the Act to give information or evidence, or to produce documents, to the Agency is not affected by State or Territory laws. That is, the general rule is that nothing in a State or Territory law excuses a person from complying with the requirement.

                     Paragraph 3.2 summarises subsection 58(1) of the Act.

    3.3 However, by exception to this general rule, a person is not required to give information, produce a document, or give evidence to the Agency for the purposes of the Act if:

       (a) the person would be prevented from doing so under a law of a State or Territory; and

                     Paragraph 3.3(a) summarises paragraph 58(2)(a) of the Act.

       (b) the law of the State or the Territory is one of the following laws:

       Victoria

       Accident Compensation Act 1985, section 61A, subsection 65(3)

       Assisted Reproductive Technology Act 2008, section 72

       Audit Act 1994, sections 12, 20A

       Australian Crime Commission (State Provisions) Act 2003, section 44

       Child Employment Act 2003, section 46

       Children, Youth and Families Act 2005, sections 129-131, 180, 191, 209, 213, 552

       Corrections Act 1986, section 36

       Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, section 62

       Disability Act 2006, section 128

       Emergency Management Act 2013, subsection 73(2)

       Equal Opportunity Act 2010, section 176

       Freedom of Information Act 1982, section 63D

       Health Services Act 1988, section 63D

       Housing Act 1983, section 128

       Independent Broad-based Anti-corruption Commission Act 2011, Divisions 2 and 3 of Part 2; sections 50, 166, 177

       Major Crime (Investigative Powers) Act 2004, sections 20, 68

       Mental Health Act 1986, sections 35, 63, 117, 120A

       Ombudsman Act 1973, sections 16L, 20; Part VA

       Protected Disclosure Act 2012, sections 52, 53

       Terrorism (Community Protection) Act 2003, sections 12, 23

       Victorian Civil and Administrative Tribunal Act 1998, section 34

       Victorian Inspectorate Act 2011, Divisions 2 and 3 of Part 2

       Victoria Police Act 2013, sections 184, 185

       Witness Protection Act 1991, section 10

       New South Wales

       Assisted Reproductive Technology Act 2007, section 32B

       Children and Young Persons (Care and Protection) Act 1998, section 29

       Crime Commission Act 2012, section 80

       Independent Commission Against Corruption Act 1988, section 111

       Ombudsman Act 1974, section 34

       Parliamentary Electorates and Elections Act 1912, section 48

       Police Integrity Commission Act 1996, section 56

       Privacy and Personal Information Protection Act 1998, section 67

       Royal Commission (Police Service) Act 1994, section 30

       State Records Act 1998, section 73

       Terrorism (Police Powers) Act 2002, section 26P

       Witness Protection Act 1995, sections 24, 32, 33

       South Australia

       Children's Protection Act 1993, section 13

       Health Care Act