17Power of entry and inspection

17 Power of entry and inspection

(1)  Subject to subsection (2) , the Implementation Monitor may do one or more of the following if the Implementation Monitor considers it necessary for the purposes of performing the functions or exercising the powers of the Implementation Monitor:

(a) enter and inspect any land, premises, building or structure owned, or operated, by an Agency (a relevant location) –

(i) during ordinary business hours for the relevant location; or

(ii) at such other times as are agreed between the Implementation Monitor and the relevant Agency Head;

(b) inspect any document, thing, activity or other matter at a relevant location;

(c) take photographs, or film or otherwise record, a relevant location;

(d) make a copy, or extract, of a document or other thing at a relevant location;

(e) talk to any person, who has attained the age of 16 years, who is present at a relevant location;

(f) require a person in authority at a relevant location to open or unlock any area, room, item or thing (including electronic items or things), other than a person’s personal items or things at the location;

(g) observe the operation of a system, procedure, process or thing –

(i) that occurs, or is occurring, at a relevant location; or

(ii) in respect of an item or thing at, or that relates to, a relevant location;

(h) require a demonstration of the operation of a system, procedure, process or thing referred to in paragraph (g) ;

(i) authorise another person to take an action in accordance with this subsection.

(2)  The Implementation Monitor must give an Agency written notice of –

(a) the intention of the Implementation Monitor to –