50Access to premises etc.

50 Access to premises etc.

(1) For the purposes of the performance of any of the Inspector‑General’s functions referred to in paragraphs 10(1)(a) to (d), an authorised official may enter and remain on premises: (a) if the premises are occupied by a person or body covered by subsection (2)—at all reasonable times; and (b) otherwise—at all reasonable times, if: (i) the Inspector‑General has certified, in writing, that the Inspector‑General is satisfied that it is reasonably necessary for the authorised official to have access to the premises for the purposes of the performance of those functions; and (ii) the certificate is in force. (2) For the purposes of paragraph (1)(a), this subsection covers the following: (a) a Commonwealth entity; (b) a body (other than a Commonwealth entity) established by or under a law of the Commonwealth; (c) a body established, otherwise than by or under a law of the Commonwealth, by the Governor‑General; (d) an incorporated company in which the Commonwealth has a controlling interest. (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) 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 Inspector‑General—identify themselves as the Inspector‑General; or (ii) if the authorised official is not the Inspector‑General—produce a written authority signed by the Inspector‑General that states that the official is authorised to exercise powers or perform functions under this section; and (c) if paragraph (1)(b) applies—the authorised official fails to produce a certificate issued by the Inspector‑General under subparagraph (1)(b)(i) in relation to the premises. (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. Meaning of authorised official (7) An individual is an authorised official if the individual is: (a) the Inspector‑General; or (b) an official of the Office (other than the Inspector‑General) who is authorised by the Inspector‑General, in writing, to exercise powers or perform functions under this section. Fault‑based offence (8) A person commits an offence if the person contravenes subsection (6).