105Power to enter places occupied by law enforcement agencies

#### 105 Power to enter places occupied by law enforcement agencies (1) For the purposes of investigating a corruption issue, the Integrity Commissioner (or an authorised officer) may: (a) enter any place occupied by a law enforcement agency at any reasonable time of the day; and (b) carry on the investigation of the corruption issue at that place; and (c) inspect any documents relevant to the investigation that are kept at that place; and (d) make copies of, or take extracts from, any documents so inspected; and (e) for the purpose of making a copy of, or taking an extract from, a document, remove the document from that place; and (f) seize things found at that place if the Integrity Commissioner (or the authorised officer) believes on reasonable grounds that: (i) the thing is relevant to an indictable offence; and (ii) seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an indictable offence. (2) While the Integrity Commissioner (or authorised officer) retains a document or thing, he or she must allow a person who would otherwise be entitled to inspect the document or view the thing to do so at the times that the person would ordinarily be able to do so. (3) Subsection (1) does not authorise a person to enter, or carry on an investigation at: (b) a place that is a prohibited place for the purposes of the Defence (Special Undertakings) Act 1952 under section 7 of that Act; or (c) an area of land or water, or an area of land and water, that is declared under section 14 of the Defence (Special Undertakings) Act 1952 to be a restricted area for the purposes of that Act; unless: (d) the Minister administering that Act (or another Minister acting for and on behalf of that Minister) has approved the person entering the place or area; and (e) the person complies with any conditions imposed by the Minister giving the approval in relation to: (i) his or her entering that place or area; and (ii) the manner in which his or her investigation is to be conducted at that place or area. (4) If the Attorney‑General is satisfied that conducting an investigation at a place might prejudice the security or defence of the Commonwealth, the Attorney‑General may, by written notice to the Integrity Commissioner, declare the place to be a place to which this subsection applies. (5) While the declaration is in force, subsection (1) does not authorise a person to do anything at the place unless: (a) a Minister specified in the declaration (or another Minister acting for and on behalf of that Minister) has approved the person entering the place; and (b) the person complies with any conditions imposed by the Minister giving the approval in relation to: (i) his or her entering that place; and (ii) the manner in which his or her investigation is to be conducted at that place. (6) A declaration by the Attorney‑General under this section is not a legislative instrument.