Freedom of Information Act 1982

PART VIIB - INVESTIGATIONS AND COMPLAINTS  

Division 2 - Information Commissioner investigations  

Subdivision D - Investigation procedure  

SECTION 78   Information Commissioner investigations - places for which approval required before entry  

Specific places and areas

78(1)    
Subsection (2) applies if an authorised person proposes to enter, or carry on an investigation, at any of the following:

(a) (Repealed by No 67 of 2018)

(b) a place that is a prohibited area for the purposes of the Defence (Special Undertakings) Act 1952 because of section 7 of that Act;

(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.

78(2)    
If this subsection applies, the authorised person must not enter, or carry on an investigation, unless:

(a) the Minister administering that Act, or another Minister acting for and on behalf of the Minister, has, in writing, approved the entry or carrying on of the investigation; and

(b) the authorised person complies with any conditions specified in the approval.

Places in respect of which Attorney-General makes declaration

78(3)    
The Attorney-General may, by notice in writing to the Information Commissioner, declare a place to be a prohibited place if the Attorney-General is satisfied that the carrying on of an investigation at the place might prejudice the security or defence of the Commonwealth.

78(4)    
If a declaration under subsection (3) is in force, an authorised person must not enter, or carry on an investigation at, the prohibited place unless:

(a) a Minister specified in the declaration, or another Minister acting for and on behalf of the Minister, has, in writing, approved the entry or carrying on of the investigation; and

(b) the authorised person complies with any conditions specified in the approval.