Freedom of Information Amendment (Reform) Act 2010

If a consenting person consents to entry under paragraph (2)(a), an authorised person may, at any reasonable time of day arranged with the consenting person:

enter and remain at the place; or

carry on the investigation at that place; or

inspect any documents relevant to the investigation kept at the place.

For consenting person, see subsection (3).

The authorised person may enter a place that:

is occupied by an agency; or

is occupied by a contracted service provider and used by the contracted service provider predominantly for the purposes of a Commonwealth contract.

The authorised person may enter a place only if:

consent to the entry has been given by the person (the consenting person) who is:

in the case of an agency—the principal officer of the agency; or

in the case of a contracted service provider—the person in charge (however described) of the contracted service provider; and

before giving the consent, the authorised person informed the consenting person that he or she may refuse consent.

The authorised person must leave the premises if the consenting person asks the authorised person to do so.

This section is subject to section 78.

An authorised person is:

an information officer (within the meaning of the Australian Information Commissioner Act 2010); or

an APS employee who:

is performing the duties of an Executive Level 2, or equivalent, position (or a higher position) in the Office of the Australian Information Commissioner; and

is authorised by the Information Commissioner for the purposes of this section.