Tasmanian Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION) TASMANIA ACT 1999 - SECT 13

      (1) For the purposes of an inspection, an inspecting officer –

(a) after notifying the Commissioner, may enter at any reasonable time premises occupied by the Tasmania Police Service; and

(b) is entitled to have full and free access at all reasonable times to all records of the Tasmania Police Service that the inspecting officer considers are relevant to the inspection; and

(c) despite any other law, is entitled to make copies of, and to take extracts from, records of the Tasmania Police Service that the inspecting officer considers are relevant to the inspection; and

(d) may require a member of the Tasmania Police Service to provide to the inspecting officer any information –

(i) that the inspecting officer considers is relevant to the inspection; and

(ii) that is in the member's possession, or to which the member has access.

      (2) If an inspecting officer has reason to believe that a member of the Tasmania Police Service is able to provide information relevant to an inspection, the inspecting officer may, by written notice provided to the member –

(a) require the member to provide the information –

(i) in writing; and

(ii) signed by the member; and

(iii) at a place specified in the notice; and

(iv) within a period specified in the notice; and

(b) require the member, for the purpose of answering questions relevant to the inspection, to attend –

(i) before an inspecting officer specified in the notice; and

(ii) at the place, and within the period or at the time, specified in the notice.

      (3) If an inspecting officer has reason to believe that a member of the Tasmania Police Service may be able to provide information relevant to an inspection but does not know the member's identity, the inspecting officer may require the Commissioner or a person nominated by the Commissioner to attend before an inspecting officer specified in the requirement for the purpose of answering questions relevant to the inspection.

      (4) A requirement under subsection (3) is to –

(a) be made by written notice provided to the Commissioner; and

(b) specify the place at which, and the period within which or the time at which, the Commissioner or nominated person is to attend.

      (5) Despite any other law, a person is not excused from providing information, answering a question or giving access to a document, as and when required by or under this section, on the ground that to do so 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.

      (6) The Commissioner must ensure that members of the Tasmania Police Service provide an inspecting officer with such assistance in relation to an inspection as the inspecting officer reasonably requires.