10   Power to enter public premises

(ss 23, 25 ICAC Act)

(1)  For the purposes of the Commission’s inquiry, the Commissioner or an officer of the Commission authorised in writing by the Commissioner may, at any time:

(a)  enter and inspect any premises occupied or used by a public authority or public official 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 a criminal offence.

(3)  The public authority or public official must make available to the Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised.

(4)  The powers conferred by this section must not be exercised if it appears to the Commissioner or authorised officer that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist inspection of the premises or production of the document or other thing and it does not appear to the Commissioner or authorised officer that the person consents to the inspection or production.

(5)  The powers may however be exercised despite:

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

(b)  any privilege of a public authority or public official in that capacity which the authority or official 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 official.