Telecommunications Interception Act 2009
sec.22General functions and powers
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sec.22 General functions and powers
An eligible authority’s inspecting entity— must inspect the eligible authority’s part 2-5 warrant records as required under section 23 to ascertain the extent of compliance by the authority’s officers with sections 14 to 16 and 18 to 20 ; and must report in writing to the Minister about the results of the inspections; and may do anything necessary or convenient for the performance of the functions mentioned in paragraphs (a) and (b) . However, a person who performs a function or exercises a power under part 2 in relation to a particular part 2-5 warrant application by an eligible authority must not undertake an inspection of the eligible authority’s part 2-5 warrant records for the purpose mentioned in subsection (1) (a) in relation to a record of the eligible authority that relates to the application. If the PIM is unable, under subsection (2) , to undertake an inspection of the eligible authority’s part 2-5 warrant records in relation to a record of the eligible authority that relates to a particular part 2-5 warrant application, the inspection must be undertaken by a deputy PIM nominated by the PIM and for the purposes of the inspection— the deputy PIM is not acting under a delegation of the PIM; and the deputy PIM is taken to be the inspecting entity. A deputy PIM must, if asked by a person affected by the exercise of a power by the deputy PIM under this part, produce the instrument of nomination, or a copy of the instrument, for the person’s inspection. s 22 amd 2023 No. 1 s 97 s ch 1 pt 1 (sec.22-ssec.1) An eligible authority’s inspecting entity— must inspect the eligible authority’s part 2-5 warrant records as required under section 23 to ascertain the extent of compliance by the authority’s officers with sections 14 to 16 and 18 to 20 ; and must report in writing to the Minister about the results of the inspections; and may do anything necessary or convenient for the performance of the functions mentioned in paragraphs (a) and (b) . (sec.22-ssec.2) However, a person who performs a function or exercises a power under part 2 in relation to a particular part 2-5 warrant application by an eligible authority must not undertake an inspection of the eligible authority’s part 2-5 warrant records for the purpose mentioned in subsection (1) (a) in relation to a record of the eligible authority that relates to the application. (sec.22-ssec.3) If the PIM is unable, under subsection (2) , to undertake an inspection of the eligible authority’s part 2-5 warrant records in relation to a record of the eligible authority that relates to a particular part 2-5 warrant application, the inspection must be undertaken by a deputy PIM nominated by the PIM and for the purposes of the inspection— the deputy PIM is not acting under a delegation of the PIM; and the deputy PIM is taken to be the inspecting entity. (sec.22-ssec.4) A deputy PIM must, if asked by a person affected by the exercise of a power by the deputy PIM under this part, produce the instrument of nomination, or a copy of the instrument, for the person’s inspection.