34Entry to premises etc.

34  Entry to premises etc.

 (1) For the purposes of a special inquiry, an authorised official may, at all reasonable times, enter and remain on premises occupied by a person or body covered by subsection (2).

 (2) For the purposes of subsection (1), the persons or bodies are the following:

 (a) a government entity;

 (b) a Commonwealth contractor.

 (3) Before entering the premises, the authorised official must provide notice to:

 (a) a member of the group of persons who is responsible for the executive decisions of the person or body occupying the premises; or

 (b) any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the person or body occupying the premises.

 (4) While remaining on the premises, the authorised official:

 (a) is entitled to full and free access at all reasonable times to any documents or other property; and

 (b) may examine, make copies of or take extracts from any document; and

 (c) may, for the purpose of making a copy of, or taking an extract from, a document, remove the document from the premises.

 (5) The authorised official is not entitled to enter or remain on the premises if:

 (a) the occupier of the premises asks the authorised official to produce proof of the authorised official’s authority to enter and remain on the premises; and

 (b) the authorised official fails to:

 (i) if the authorised official is the Commissioner—identify themselves as the Commissioner; or

 (ii) if the authorised official is not the Commissioner—produce a written authority signed by the Commissioner that states that the official is authorised to perform functions or exercise powers under this section.

 (6) The occupier of the premises must provide the authorised official with all reasonable facilities and assistance for the effective exercise of powers under this section.

Note: Failure to provide an authorised official with all reasonable facilities and assistance is an offence: see section 63.

Exception—premises declared by the ASIO Minister

 (7) If the Minister administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister) is satisfied that entering a premises for the purposes of a special inquiry might prejudice the security or defence of the Commonwealth, the ASIO Minister may, by written notice to the Commissioner, declare the premises to be a premises to which this subsection applies.

 (8) While a declaration under subsection (7) is in force, subsection (1) does not authorise an authorised official to enter the premises unless: