61Power to enter premises

##### 61 Power to enter premises (1) For the purposes of: (a) a review under Division 3; (b) an investigation under Division 4; or (c) the conduct of an inquiry under Division 5; an authorized person may, at any reasonable time of the day, enter any place occupied by a Department or Commonwealth authority and may carry on the review, investigation or inquiry at the place. (2) Subsection (1) does not authorize a person to enter, or carry out a review, investigation or inquiry at: (a) a place referred to in paragraph 80(c) of the Crimes Act 1914; (b) a place that is a prohibited place for the purposes of the Defence (Special Undertakings) Act 1952 by virtue of 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 the Minister administering that Act, or another Minister acting for and on behalf of that Minister, has approved his or her entering the place or area and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering that place or area and the manner in which the review, investigation or inquiry is to be carried out at that place or area. (3) Where the Attorney‑General is satisfied that the carrying out of a review, investigation or inquiry at a place might prejudice the security or defence of the Commonwealth, the Attorney‑General may, by notice in writing delivered to the Merit Protection Commissioner, declare the place to be a place to which this subsection applies and, while the declaration is in force, subsection (1) does not authorize a person to enter, or carry out a review, investigation or inquiry at, the place unless a Minister specified in the declaration, or another Minister acting for and on behalf of that Minister, has approved his or her entering the place and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering the place and the manner in which the review, investigation or inquiry is to be carried out at that place. (4) For the purposes of a review, investigation or inquiry under this Act, an authorized person is entitled to inspect any documents relevant to the review, investigation or inquiry kept at premises entered by him or her under this section, other than documents in respect of which the Attorney‑General has furnished a certificate under subsection 59(4), at a reasonable time of the day arranged with the principal officer of the Department or Commonwealth authority concerned. (5) Subsection (4) shall not be taken to restrict the operation of section 59. (6) A reference in this section to an authorized person includes a reference to the Merit Protection Commissioner.