Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 68

68. (1) Subject to subsection (3), for the purposes of the performance by the
Commissioner of his or her functions under this Act, a person authorised by
the Commissioner for the purposes of this section may, at any reasonable time
of the day, enter premises occupied by an agency or a file number recipient
and inspect any documents that are kept at those premises and that are
relevant to the performance of those functions, other than documents in
respect of which the Attorney-General has furnished a certificate under
subsection 70 (1) or (2).

(2) The occupier or person in charge of the premises shall provide the
authorised person with all reasonable facilities and assistance for the
effective exercise of the authorised person's powers under subsection (1).

(3) A person shall not enter under subsection (1) premises other than premises
that are occupied by an agency unless:

   (a)  the occupier of the premises has consented to the person entering the
        premises; or

   (b)  the person is authorised, pursuant to a warrant issued under
        subsection (4), to enter the premises.

(4) If, on an application made by a person authorised by the Commissioner
under subsection (1), a Magistrate is satisfied, by information on oath, that
it is reasonably necessary, for the purposes of the performance by the
Commissioner of his or her functions under this Act, that the person be
empowered to enter the premises, the Magistrate may issue a warrant
authorising the person, with such assistance as the person thinks necessary,
to enter the premises, if necessary by force, for the purpose of exercising
those powers.

(5) A warrant issued under subsection (4) shall state:

   (a)  whether entry is authorised to be made at any time of the day or
        during specified hours of the day; and

   (b)  a day, not being later than one month after the day on which the
        warrant was issued, at the end of which the warrant ceases to have
        effect.

(6) Nothing in subsection (1) restricts the operation of any other provision
of this Part.