PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 5 - Miscellaneous  

SECTION 68   POWER TO ENTER PREMISES  

68(1)  


Subject to subsection (3), for the purposes of the performance by the Commissioner of his or her functions under this Act, a person authorised by the Commissioner in writing for the purposes of this section may, at any reasonable time of the day, enter premises occupied by an agency, an organisation, a file number recipient, a credit reporting body or a credit provider and inspect any documents that are kept at those premises and that are relevant to the performance of those functions, other than documents in respect of which the Attorney-General has furnished a certificate under subsection 70(1) or (2) .

68(1A)  


The Commissioner may authorise a person only while the person is a member of the staff assisting the Commissioner.

68(2)  
The occupier or person in charge of the premises shall provide the authorised person with all reasonable facilities and assistance for the effective exercise of the authorised person ' s powers under subsection (1).

68(3)  
A person shall not enter under subsection (1) premises other than premises that are occupied by an agency unless:


(a) the occupier of the premises has consented to the person entering the premises; or


(b) the person is authorised, pursuant to a warrant issued under subsection (4), to enter the premises.

68(3A)  


Before obtaining the consent, the authorised person must inform the occupier or person in charge that he or she may refuse to consent.

68(3B)  


An entry by an authorised person with the consent of the occupier or person in charge is not lawful if the consent was not voluntary.

68(3C)  


The authorised person may not enter premises (other than premises occupied by an agency) if:


(a) the occupant or person in charge asks the authorised person to produce his or her identity card; and


(b) the authorised person does not produce it.

68(3D)  


If an authorised person is on premises with the consent of the occupier or person in charge, the authorised person must leave the premises if the occupier or person in charge asks the authorised person to do so.

68(4)  
If, on an application made by a person authorised by the Commissioner under subsection (1), a Magistrate is satisfied, by information on oath, that it is reasonably necessary, for the purposes of the performance by the Commissioner of his or her functions under this Act, that the person be empowered to enter the premises, the Magistrate may issue a warrant authorising the person, with such assistance as the person thinks necessary, to enter the premises, if necessary by force, for the purpose of exercising those powers.

68(5)  
A warrant issued under subsection (4) shall state:


(a) whether entry is authorised to be made at any time of the day or during specified hours of the day; and


(b) a day, not being later than one month after the day on which the warrant was issued, at the end of which the warrant ceases to have effect.

68(6)  
Nothing in subsection (1) restricts the operation of any other provision of this Part.




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