PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 67 of 70 (1) For the purposes of the investigation of a complaint the Information Regulator may serve the information officer or head of a private body with an information notice requiring said party to furnish the Information Regulator, within a specified period, in a form specified in the notice, with the information specified in the notice. (2) An information notice in terms of subsection (1) must be accompanied by(a) reasons for the issuing of the notice; and (b) particulars of the right to appeal conferred by section 78 (4). (3) Section 90 (3) to (9) of the Protection of Personal Information Act, 2013, applies to the serving of an information notice in terms of this Chapter. 77J Enforcement Notice (1) The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice(a) confirming, amending or setting aside the decision which is the subject of the complaint; or (b) requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice. (2) A notice in terms of subsection (1) must be accompanied by(a) reasons for the notice; and (b) particulars of the right to make an application to court conferred by Chapter 2 of this Part. (3) Section 95 (3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter. (4) A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator. 77K Non-compliance with Enforcement Notice An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment. Section 78 - Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator (1) A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances: (a) After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or (b) after that requester or third party has exhausted the complaints procedure referred to in section 77A. (2) A requester(a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75 (2); http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02