14Power to enter premises

#### 14 Power to enter premises (1) For the purposes of an investigation under this Act, an authorised person may, at any reasonable time of the day: (a) enter a place that is: (i) occupied by a Department or prescribed authority; or (ii) occupied by a person who is a Commonwealth service provider of a Department or prescribed authority under a contract, if the person occupies the place predominantly for the purposes of the contract; and (b) carry on the investigation at the place. (1A) An authorised person is not entitled to enter or remain at the place if the authorised person fails to produce a written authority on being asked by the Department, prescribed authority or Commonwealth service provider of a Department or prescribed authority under a contract, to produce proof of the authorised person’s authority. (1B) For the purposes of subsection (1A), a written authority means an authority signed by the Ombudsman that states that the authorised person is authorised to exercise the powers under this section. (2) Subsection (1) does not authorize 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 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 the person 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 his or her investigation is to be conducted at that place or area. (3) Where the Minister administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister) is satisfied that the carrying on of an investigation at a place might prejudice the security or defence of the Commonwealth, the ASIO Minister may, by notice in writing delivered to the Ombudsman, 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 on an investigation at, the place unless a Minister specified in the declaration, or another Minister acting for and on behalf of such a Minister, has approved the person 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 his or her investigation is to be conducted at that place. (4) If an authorised person enters a place under this section, the authorised person may do the following with respect to any documents or other records that may be relevant to the investigation held at the place: (a) access any such documents or other records; (b) inspect, take extracts from, or make copies of, any such documents or other records. (4A) Subsection (4) does not apply in relation to documents or records for which the Attorney‑General has given a certificate under subsection 9(3). (5) Subsection (4) shall not be taken to restrict the operation of section 9. (5A) A person commits an offence if: (a) the person is the occupier of, or is in charge of, a place mentioned in paragraph (1)(a); and (b) an authorised person exercises, or purports to exercise, a power mentioned in this section in relation to the place; and (c) the person does not provide the authorised person with reasonable facilities and assistance for the effective exercise of the power. Penalty: 10 penalty units. (5B) Strict liability applies to paragraphs (5A)(a) and (b). (6) A reference in this section to an authorized person includes a reference to the Ombudsman and a Deputy Ombudsman.