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AUDITOR-GENERAL ACT 1997 - SECT 33 Access to premises etc.

AUDITOR-GENERAL ACT 1997 - SECT 33

Access to premises etc.

  (1)   The Auditor - General or an authorised official:

  (a)   may, at all reasonable times, enter and remain on any premises occupied by the Commonwealth, a corporate Commonwealth entity, a Commonwealth company or a Commonwealth partner; and

  (b)   is entitled to full and free access at all reasonable times to any documents or other property; and

  (c)   may examine, make copies of or take extracts from any document.

Note:   Paragraph   (1)(a) does not expressly refer to non - corporate Commonwealth entities because these entities are legally part of the Commonwealth.

  (2)   An authorised official is not entitled to enter or remain on premises if he or she fails to produce a written authority on being asked by the occupier to produce proof of his or her authority. For this purpose, written authority means an authority signed by the Auditor - General that states that the official is authorised to exercise powers under this Division.

  (3)   If an authorised official enters, or proposes to enter, premises under this section, the occupier must provide the official with all reasonable facilities for the effective exercise of powers under this section.

Penalty:   10 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Section   4AA of the Crimes Act 1914 sets the current value of a penalty unit.

Note 3:   Section   149.1 of the Criminal Code deals with obstruction of Commonwealth public officials.

  (4)   In this section:

"authorised official" means an official of a non - corporate Commonwealth entity who is authorised by the Auditor - General, in writing, to exercise powers or perform functions under this section.

"premises" includes any land or place.