South Australian Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION) ACT 1988 - SECT 9

9—Powers of Police Complaints Authority

        (1)         For the purposes of an inspection under section 8, the Authority, or an officer of the Authority authorised by the Authority for the purpose—

            (a)         may, after notifying the Commissioner, enter at any reasonable time premises occupied by the police force; and

            (b)         is entitled to have full and free access at all reasonable times to all records of the police force; and

            (c)         is, notwithstanding any other law, entitled to make copies of, and to take extracts from, records of the police force; and

            (d)         may require a member of the police force to give the Authority or authorised officer such information as the Authority considers necessary, being information that is in the member's possession, or to which the member has access, and that is relevant to the inspection.

        (2)         If the Authority has reason to believe that a member of the police force is able to give information relevant to an inspection under section 8, the Authority may, by written notice to the member—

            (a)         require the member to give the information, in writing, signed by the member, at a specified place and within a specified period;

            (b)         require the member to attend before a specified person at a specified place and within a specified period or at a specified time on a specified day, in order to answer questions relevant to the inspection.

        (3)         If the Authority has reason to believe that a member of the police force is able to give information relevant to an inspection under section 8 but does not know the member's identity, the Authority may, by written notice to the Commissioner, require the Commissioner or a person nominated by the Commissioner to attend before a specified person at a specified place and within a specified period or at a specified time on a specified day, in order to answer questions relevant to the inspection.

        (4)         Notwithstanding any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this section, on the ground that it would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty.

        (5)         The following are not admissible in evidence against a person except in prosecution proceedings for an offence against section 10:

            (a)         information or an answer given by the person pursuant to this section; or

            (b)         the fact that the person has given access to a document pursuant to this section; or

            (c)         any information or thing (including a document) obtained directly or indirectly in consequence of the person having given information or an answer, or access to a document, pursuant to this section.

        (6)         The Commissioner must ensure that members of the police force provide the Authority with such assistance in relation to an inspection under section 8 as the Authority reasonably requires.



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