Information Privacy Act 2009

Before an authorised officer enters a place occupied by an agency under section 67, the information commissioner must, by written notice, ask the agency to consent to an authorised officer entering the place.

The notice must—

explain the purpose of the entry, including the powers intended to be exercised; and

propose a reasonable date and time for the entry; and

ask for the agency’s principal officer’s written consent to the entry to be given to the information commissioner within a stated reasonable period; and

if the place is the agency’s place of business, state that if the written consent is not given to the commissioner within the stated period, an authorised officer may enter the place on a stated reasonable date and at a stated reasonable time when the place—

is open for carrying on the business; or

is otherwise open for entry.

If the notice is given to an agency, the agency must take all reasonable steps to facilitate entry by an authorised officer on the date and time consented to or stated under subsection (2)(d).

For subsection (2)(d), an agency’s place of business does not include a part of the place where a person resides.