FREEDOM OF INFORMATION ACT 1982

PART VIIB - INVESTIGATIONS AND COMPLAINTS  

Division 2 - Information Commissioner investigations  

Subdivision D - Investigation procedure  

SECTION 77   Information Commissioner investigations - general power to enter premises  

77(1)  
If a consenting person consents to entry under paragraph (2)(a), an authorised person may, at any reasonable time of day arranged with the consenting person:


(a) enter and remain at the place; or


(b) carry on the investigation at that place; or


(c) inspect any documents relevant to the investigation kept at the place.

Note:

For consenting person , see subsection (3).

Authority to enter premises

77(2)  
The authorised person may enter a place that:


(a) is occupied by an agency; or


(b) is occupied by a contracted service provider and used by the contracted service provider predominantly for the purposes of a Commonwealth contract.

77(3)  
The authorised person may enter a place only if:


(a) consent to the entry has been given by the person (the consenting person ) who is:


(i) in the case of an agency - the principal officer of the agency; or

(ii) in the case of a contracted service provider - the person in charge (however described) of the contracted service provider; and


(b) before giving the consent, the authorised person informed the consenting person that he or she may refuse consent.

77(4)  
The authorised person must leave the premises if the consenting person asks the authorised person to do so.

77(5)  
This section is subject to section 78 . Who is an authorised person

77(6)  
An authorised person is:


(a) an information officer (within the meaning of the Australian Information Commissioner Act 2010 ); or


(b) an APS employee who:


(i) is performing the duties of an Executive Level 2, or equivalent, position (or a higher position) in the Office of the Australian Information Commissioner; and

(ii) is authorised by the Information Commissioner for the purposes of this section.



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