Section 63G - Prosecutions
Extract of legislation
| 63G | Prosecutions | ||
| (1) | A proceeding for an offence against this Act may be commenced by— | ||
| (a) | a member of the police force; or | ||
| (b) | the Information Commissioner; or | ||
| (c) | any other person authorised to do so by the Information Commissioner. | ||
| (2) | In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it. | ||
1.1
Section 63G specifies who can prosecute offences under the Act: a member of the police force, the Information Commissioner, or any person authorised by the Information Commissioner.
Example of offences in the Act
Offences in the Act include:
- disclosing restricted matter specified in a confidentiality notice under section 61TJ – section 61TM;
- failure to comply with a notice to produce or attend without reasonable excuse – section 61X;
- failing to take an oath or make an affirmation when required without reasonable excuse under section 61ZE;
- a specified person improperly using documents claimed to be exempt – section 63E;
- wilfully obstructing, hindering or resisting the Information Commissioner in performing their functions or exercising their powers under the Act without reasonable excuse– section 63F(1);
- providing information or making a statement to the Information Commissioner knowing that it is false or misleading without reasonable excuse – section 63F(2);
- misleading or attempting to mislead the Information Commissioner without reasonable excuse – section 63F(3).
1.2
Prosecutions will be presumed to have been properly authorised unless there is evidence to the contrary. The procedure for prosecutions is set out in the Civil Procedure Act 2010 (Vic).
