Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 186B

Inspection of records

             (1)  The Ombudsman must inspect records of an enforcement agency to determine:

                     (a)  the extent of compliance with Chapter 4 by the agency and its officers; and

                     (b)  if the agency is a criminal law-enforcement agency--the extent of compliance with Chapter 3 by the agency and its officers.

          (1A)  If:

                     (a)  the performance of a function, or the exercise of a power, conferred by Part 15 of the Telecommunications Act 1997 is in connection with:

                              (i)  a stored communications warrant; or

                             (ii)  an authorisation under Division 3, 4 or 4A of Part 4-1; and

                     (b)  an enforcement agency has records that relate to the performance of that function or the exercise of that power;

the Ombudsman may inspect those records in order to determine the extent of compliance with Part 15 of the Telecommunications Act 1997 by the agency and its officers.

             (2)  For the purpose of an inspection under this section, the Ombudsman:

                     (a)  after notifying the chief officer of the agency, may enter at any reasonable time premises occupied by the agency; and

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

                     (d)  may require a member of staff of the agency to give the Ombudsman any information that the Ombudsman considers necessary, being information:

                              (i)  that is in the member's possession, or to which the member has access; and

                             (ii)  that is relevant to the inspection.

             (3)  Before inspecting records of an enforcement agency under this section, the Ombudsman must give reasonable notice to the chief officer of the agency of when the inspection will occur.

             (4)  The chief officer must ensure that members of staff of the agency give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section.

             (5)  To avoid doubt, subsection (1) does not require the Ombudsman to inspect all of the records of an enforcement agency that are relevant to the matters referred to in paragraphs (1)(a) and (b).

             (6)  While an operation is being conducted under:

                     (a)  a stored communications warrant; or

                     (b)  an authorisation under Division 3, 4 or 4A of Part 4-1;

the Ombudsman may refrain from inspecting any records of the agency concerned that are relevant to the obtaining or execution of the warrant or authorisation.



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