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CRIME AND CORRUPTION ACT 2001 - SECT 73
Power to enter etc.
73 Power to enter etc.
(1) This section applies only for a corruption investigation.
(2) The
chairperson may, by notice, authorise a commission officer to exercise powers
under this section.
(3) A commission officer authorised under subsection (2)
may— (a) enter and search official premises; or
(b) inspect any document or
thing found in or on official premises that is, or might be, relevant to the
corruption investigation; or
(c) seize and remove from official premises any
document or thing found in or on the premises that is relevant to a corruption
investigation; or
(d) make copies of or extracts from a document mentioned in
paragraph (b) or (c) ; or
(e) require a person holding an appointment in a
unit of public administration to give the officer reasonable help to exercise
the powers mentioned in paragraphs (b) to (d) .
(4) A person does not, by
allowing the exercise of a power under subsection (3) in relation to a
document or thing— (a) contravene a provision of an Act or a law imposing a
statutory or commercial obligation or restriction to maintain secrecy in
relation to the document or thing; or
(b) incur any civil liability in
relation to the document or thing.
(5) However, the commission officer must
not exercise a power under subsection (3) (b) , (c) or (d) if the chief
executive officer of the unit, or a person authorised by the chief executive
officer for the purpose, claims that the document or thing is subject to
privilege. Note— If a claim of privilege is made, the commission officer is
required to consider the claim under section 80 and, if the requirement is not
withdrawn, the person may apply to, or be required to attend before, the
Supreme Court to establish the claim under section 196 .
(6) A commission
officer exercising powers under this section must, if asked by the occupier of
the official premises, or a person acting for the occupier, produce for
inspection by the occupier or person the chairperson’s authority under which
the officer purports to act.
(7) In this section—
"official premises" means premises occupied or used by, or for the official
purposes of, a unit of public administration, but does not include any part of
premises that is occupied or used by or for the purposes of any State court.
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