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COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 30
Power to enter premises
30. (1) For the purposes of an investigation under this Part, an authorized
person may, at any reasonable time of the day, enter any place occupied by the
Australian Federal Police, a Department or a prescribed authority and may
carry on the investigation at that place.
(2) Sub-section (1) does not authorize a person to enter, or carry on an
investigation at -
(a) a place referred to in paragraph 80 (c) of the Crimes Act 1914;
(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 his entering the place or area
and he complies with any conditions imposed by the Minister giving the
approval in relation to his entering that place or area and the manner
in which his investigation is to be conducted at that place or area.
(3) Where the Attorney-General is satisfied that the carrying on of an
investigation at a place might prejudice the security or defence of the
Commonwealth, the Attorney-General 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, sub-section (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
that Minister, has approved his entering the place and he complies with any
conditions imposed by the Minister giving the approval in relation to his
entering the place and the manner in which his investigation is to be
conducted at the place.
(4) For the purposes of an investigation under this Part, an authorized person
is entitled to inspect any documents relevant to the investigation kept at
premises entered by him under this section, other than documents in respect of
which the Attorney-General has furnished a certificate under sub-section 27
(4), at a reasonable time of the day arranged with the Commissioner or with
the principal officer of the Department or prescribed authority, as the case
requires.
(5) Sub-section (4) shall not be taken to restrict the operation of section
27.
(6) A reference under this section to an authorized person includes a
reference to the Ombudsman and a Deputy Ombudsman.
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