Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 100

100 .         Power to enter and search premises of public authority or officer

        (1)         An officer of the Commission authorised in writing by the Commission may, at any time without a warrant —

            (a)         enter and inspect any premises occupied or used by a public authority or public officer in that capacity; and

            (b)         inspect any document or other thing in or on the premises; and

            (c)         take copies of any document in or on the premises.

        (2)         The powers conferred by this section must not be exercised other than for the purpose of investigating any conduct of a person that constitutes or involves or may constitute or involve serious misconduct.

        (3)         A public authority or public officer must make available to an officer authorised under subsection (1) such facilities as are necessary to enable the powers conferred by subsection (1) to be exercised.

        (4)         The powers conferred by this section may be exercised despite —

            (a)         any rule of law which, in proceedings in a court, might justify an objection to an inspection of the premises or to the production of a document or other thing on grounds of public interest; or

            (b)         any privilege of a public authority or public officer in that capacity which the authority or officer could have claimed in a court of law; or

            (c)         any duty of secrecy or other restriction on disclosure applying to a public authority or public officer.

        [Section 100 inserted: No. 78 of 2003 s. 17; amended: No. 35 of 2014 s. 31.]