Document ID: chunk:federal_register_of_legislation:C2025C00049:section:117:p1
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 117 (pt 1/2)
Character Range: 167793–170566

117  Entering certain places without a search warrant

General rule—places occupied by Commonwealth agencies
 (1) For the purposes of a corruption investigation, the Commissioner (or another authorised officer) may:
 (a) enter any place occupied by a Commonwealth agency, at any reasonable time of the day; and
 (b) carry on the investigation at that place; and
 (c) inspect any documents relevant to the investigation that are kept at that place; and
 (d) make copies of, or take extracts from, any documents so inspected; and
 (e) for the purpose of making a copy of, or taking an extract from, a document, remove the document from that place; and
 (f) seize a document or thing found at that place if the Commissioner (or other authorised officer) believes on reasonable grounds that:
 (i) the document or thing is relevant to an indictable offence; and
 (ii) seizure of the document or thing is necessary to prevent its concealment, loss or destruction or its use in committing an indictable offence.

Exception—Court premises and places occupied by parliamentarians or their staff, the ABC and SBS
 (2) Subsection (1) does not apply in relation to:
 (a) premises occupied by the High Court or a court created by the Parliament; or
 (b) any place in the Parliamentary precincts (within the meaning of the Parliamentary Precincts Act 1988); or
 (c) premises made available to a parliamentarian under the Parliamentary Business Resources Act 2017; or
 (d) any premises occupied by the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.

Exception—prohibited and restricted Defence areas
 (3) Subsection (1) does not apply in relation to a place mentioned in subsection (4), unless:
 (a) the Minister administering the Defence (Special Undertakings) Act 1952 (or another Minister acting for and on behalf of that Minister) has approved the person entering the place or area; and
 (b) the person complies with any conditions imposed by the Minister giving the approval in relation to:
 (i) the person entering that place or area; and
 (ii) the manner in which the investigation is to be carried on at that place or area.
 (4) The places are as follows:
 (a) a place that is a prohibited area for the purposes of the Defence (Special Undertakings) Act 1952 under section 7 of that Act;
 (b) an area of land or water, or an area of land and water, that is declared under section 14 of that Act to be a restricted area for the purposes of that Act.

Exception—places declared by the Attorney‑General
 (5) If the Attorney‑General is satisfied that carrying on an investigation of a corruption issue at a place might prejudice the security or defence of the Commonwealth, the Attorney‑General may, by written notice to the Commissioner, declare