Victorian Current Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 88

    (1)     If an authorised officer seizes under section 87—

        (a)     a document, disk or tape or other thing that can be readily copied; or

        (b)     a storage device the information in which can be readily copied—

the authorised officer, on request by a person at the police personnel premises, must give a copy of the document, thing or information to the person as soon as practicable after the seizure.

    (2)     An authorised officer may refuse a request under subsection (1) if the authorised officer has consulted the IBAC and—

        (a)     the IBAC is satisfied that the work involved in copying the document, thing or information would substantially and unreasonably interfere with the performance of the IBAC's functions; or

        (b)     the IBAC considers that it is in the public interest to do so.

    (3)     An authorised officer must not refuse a request under subsection (1) unless the authorised officer has—

        (a)     given the person who made the request a written notice stating an intention to refuse the request; and

        (b)     given the person a reasonable opportunity to make a further request for a copy of the document, thing or information in a form that would remove the ground for refusal; and

        (c)     as far as is reasonably practicable, provided the person with any information that would assist the making of the further request for access in such a form.

    (4)     An authorised officer is not required to provide any information under subsection (3)(c) if the IBAC considers that it is not in the public interest for the document, thing or information to be provided.

    (5)     If an authorised officer refuses a request under subsection (1)—

        (a)     the authorised officer must provide a receipt for the document, thing or information seized; and

        (b)     on request by the Chief Commissioner of Police, the IBAC must permit the Chief Commissioner of Police to have access to the document, thing or information seized unless the IBAC is of the opinion that it is not in the public interest for the Chief Commissioner of Police to have access.

    (6)     The IBAC must not refuse a request for access under subsection (5)(b), unless the IBAC has—

        (a)     given the Chief Commissioner of Police a written notice stating an intention to refuse to give access; and

        (b)     given the Chief Commissioner of Police a reasonable opportunity to make a further request for access in a form that would remove the ground for refusal; and

        (c)     as far as is reasonably practicable, provided the Chief Commissioner of Police with any information that would assist the making of the further request for access in such a form.

    (7)     The IBAC is not required to provide any information under subsection (6)(c) if the IBAC is of the opinion that it is not in the public interest for the information to be provided.

    (8)     For the avoidance of doubt, an authorised officer or the IBAC is not required to give reasons for refusing a request under this section.

S. 89 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)).