14APower to obtain access to documents etc. by remote means

#### 14A Power to obtain access to documents etc. by remote means (1) For the purposes of carrying on an investigation under this Act, one or more authorised persons may, by remote means: (a) access documents or other records held in electronic form by: (i) a Department; or (ii) a prescribed authority; or (iii) a Commonwealth service provider of a Department or prescribed authority under a contract; and (b) inspect, take extracts from, or make copies of, any such documents or other records. (2) Before accessing the documents or other records by remote means, an authorised person must give the Department, prescribed authority or Commonwealth service provider of a Department or prescribed authority under a contract, written notice specifying: (a) the intention of the one or more authorised persons to access the documents or other records by remote means; and (b) the period during which the one or more authorised persons will access the documents or other records by remote means. (3) Subsection (1) does not apply in relation to documents or other records for which the Attorney‑General has given a certificate under subsection 9(3). (4) Subsection (1) does not limit the operation of section 9 or 14. (5) A person commits an offence if: (a) the person is either: (i) the principal officer of a Department or prescribed authority; or (ii) a Commonwealth service provider of a Department or prescribed authority under a contract; and (b) an authorised person exercises, or purports to exercise, a power mentioned in subsection (1); 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. (6) Strict liability applies to paragraphs (5)(a) and (b). (7) Subsection (5) does not apply if providing the authorised person with reasonable facilities and assistance would pose an unacceptable risk to the security of any of the documents or other records held in electronic form, or otherwise the system where the documents or other records are stored. > Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code). (8) A reference in this section to an authorised person includes a reference to the Ombudsman and a Deputy Ombudsman.