OMBUDSMAN ACT 1976 - SECT 14 Power to enter premises

OMBUDSMAN ACT 1976 - SECT 14

  (1)   For the purposes of an investigation under this Act, an authorised person may, at any reasonable time of the day:

  (a)   enter a place that is:

  (i)   occupied by a Department or prescribed authority; or

  (ii)   occupied by a person who is a Commonwealth service provider of a Department or prescribed authority under a contract, if the person occupies the place predominantly for the purposes of the contract; and

  (b)   carry on the investigation at the place.

  (2)   Subsection   (1) does not authorize a person to enter, or carry on an investigation at:

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

  (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;

unless the Minister administering that Act, or another Minister acting for and on behalf of that Minister, has approved the person entering the place or area and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering that place or area and the manner in which his or her investigation is to be conducted at that place or area.

  (3)   Where the Minister administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister ) is satisfied that the carrying on of an investigation at a place might prejudice the security or defence of the Commonwealth, the ASIO Minister may, by notice in writing delivered to the Ombudsman, declare the place to be a place to which this subsection applies and, while the declaration is in force, subsection   (1) does not authorize a person to enter, or carry on an investigation at, the place unless a Minister specified in the declaration, or another Minister acting for and on behalf of such a Minister, has approved the person entering the place and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering the place and the manner in which his or her investigation is to be conducted at that place.

  (4)   For the purposes of an investigation under this Act, an authorized person is entitled to inspect any documents relevant to the investigation kept at premises entered by him or her under this section (including premises occupied by a Commonwealth service provider), other than documents in respect of which the Attorney - General has furnished a certificate under subsection   9(3), at a reasonable time of the day arranged with the principal officer of the Department or prescribed authority concerned.

  (5)   Subsection   (4) shall not be taken to restrict the operation of section   9.

  (6)   A reference in this section to an authorized person includes a reference to the Ombudsman and a Deputy Ombudsman.