Western Australian Current Acts

CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 41

41 .         Inspection of records by Corruption and Crime Commission

        (1)         The Corruption and Crime Commission must, from time to time and at least once every 12 months, inspect the records of a law enforcement agency to determine the extent of compliance with this Part by the agency and law enforcement officers of the agency.

        (2)         For the purposes of an inspection under this section, the Corruption and Crime Commission —

            (a)         after notifying the chief officer of the law enforcement 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 law enforcement agency that are relevant to the inspection; and

            (c)         may require a person employed or engaged in the law enforcement agency to give the Corruption and Crime Commission any information that the Corruption and Crime Commission considers necessary, being information that is in the person’s possession, or to which the person has access, and that is relevant to the inspection.

        (3)         The Corruption and Crime Commission may delegate to an officer of the Commission (as defined in the Corruption, Crime and Misconduct Act 2003 section 3(1)) a power or duty of the Corruption and Crime Commission under this section and, for that purpose, the Corruption, Crime and Misconduct Act 2003 section 185(3) to (6) apply as if the delegation were a delegation under section 185.

        (4)         The chief officer must ensure that persons employed or engaged in the law enforcement agency give the Corruption and Crime Commission any assistance the Corruption and Crime Commission reasonably requires to enable the Corruption and Crime Commission to perform or exercise functions under this section.

        (5)         For the purposes of this section a record of, or a person employed or engaged in, the department of the Public Service that principally assists the Minister in the administration of the Police Act 1892 is to be taken to be a record of, or a person employed or engaged in, the Police Force.

        [Section 41 amended: No. 35 of 2014 s. 39.]