35Power to obtain access to documents etc. by remote means

35  Power to obtain access to documents etc. by remote means

 (1) For the purposes of a special inquiry, an authorised official may, by remote means:

 (a) access documents or other records held in electronic form by a person or body covered by subsection (2); and

 (b) inspect, take extracts from, or make copies of, any such documents or other records.

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

 (a) a government entity;

 (b) a Commonwealth contractor.

 (3) Before accessing the documents or other records by remote means, an authorised official must give persons covered by subsection (4) written notice specifying:

 (a) the intention of the one or more authorised officials to access the documents or other records by remote means; and

 (b) the period during which the one or more authorised officials will access the documents or other records by remote means.

 (4) For the purposes of subsection (3), the persons are the following:

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

 (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.

 (5) Subsection (1) does not limit the operation of section 31, 33 or 34.

 (6) A person given a notice under subsection (3) 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.

Meaning of authorised official

 (7) For the purposes of this section, an individual is an authorised official if the individual is:

 (b) a person that the Commissioner has authorised, in writing, to perform functions or exercise powers under this section.