Commonwealth Numbered Acts

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OMBUDSMAN ACT 1976 No. 181, 1976 - SECT 14

Power to enter premises.
14. (1) For the purposes of an investigation under this Act, an authorized
person may, at any reasonable time of the day, enter any place occupied by a
Department or prescribed authority and may carry on the investigation at the
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 sub-section 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 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 under this section, other than documents in respect of
which the Attorney-General has furnished a certificate under sub-section 9
(3), at a reasonable time of the day arranged with the principal officer of
the Department or prescribed authority concerned.

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

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


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