QLDIn ForceAct
Information Privacy Act 2009
sec.68Information commissioner must give written notice of entry
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### sec.68 Information commissioner must give written notice of entry
Before an authorised officer enters a place occupied by an agency under section 67 , the information commissioner must, by written notice, ask the agency to consent to an authorised officer entering the place.
The notice must—
explain the purpose of the entry, including the powers intended to be exercised; and
propose a reasonable date and time for the entry; and
ask for the agency’s principal officer’s written consent to the entry to be given to the information commissioner within a stated reasonable period; and
if the place is the agency’s place of business, state that if the written consent is not given to the commissioner within the stated period, an authorised officer may enter the place on a stated reasonable date and at a stated reasonable time when the place—
is open for carrying on the business; or
is otherwise open for entry.
If the notice is given to an agency, the agency must take all reasonable steps to facilitate entry by an authorised officer on the date and time consented to or stated under subsection (2) (d) .
Maximum penalty—100 penalty units.
For subsection (2) (d) , an agency’s place of business does not include a part of the place where a person resides.
s 68 sub 2023 No. 32 s 33
(sec.68-ssec.1) Before an authorised officer enters a place occupied by an agency under section 67 , the information commissioner must, by written notice, ask the agency to consent to an authorised officer entering the place.
(sec.68-ssec.2) The notice must— explain the purpose of the entry, including the powers intended to be exercised; and propose a reasonable date and time for the entry; and ask for the agency’s principal officer’s written consent to the entry to be given to the information commissioner within a stated reasonable period; and if the place is the agency’s place of business, state that if the written consent is not given to the commissioner within the stated period, an authorised officer may enter the place on a stated reasonable date and at a stated reasonable time when the place— is open for carrying on the business; or is otherwise open for entry.
(sec.68-ssec.3) If the notice is given to an agency, the agency must take all reasonable steps to facilitate entry by an authorised officer on the date and time consented to or stated under subsection (2) (d) . Maximum penalty—100 penalty units.
(sec.68-ssec.4) For subsection (2) (d) , an agency’s place of business does not include a part of the place where a person resides.
- (a) explain the purpose of the entry, including the powers intended to be exercised; and
- (b) propose a reasonable date and time for the entry; and
- (c) ask for the agency’s principal officer’s written consent to the entry to be given to the information commissioner within a stated reasonable period; and
- (d) if the place is the agency’s place of business, state that if the written consent is not given to the commissioner within the stated period, an authorised officer may enter the place on a stated reasonable date and at a stated reasonable time when the place— (a) is open for carrying on the business; or (b) is otherwise open for entry.
- (a) is open for carrying on the business; or
- (b) is otherwise open for entry.
- (a) is open for carrying on the business; or
- (b) is otherwise open for entry.