Document ID: chunk:federal_register_of_legislation:C2015A00131:clause:1_11:p3
Version: federal_register_of_legislation:C2015A00131
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 3/4)
Character Range: 11697–14380

or withdraw that consent at any time. An entry by an authorised complaints officer by virtue of the consent of an occupier is not lawful unless the person voluntarily consented to the entry.
Note: Approved providers have a responsibility under paragraph 63‑1(1)(ba) to cooperate with a person exercising powers under this Division. An approved provider who:
(a) refuses to consent to the entry of an *authorised complaints officer; or
(b) withdraws consent for an authorised complaints officer to enter premises;
 may not be complying with that responsibility. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.
 (5) An *authorised complaints officer must not enter premises under subsection (1) or do a thing referred to in section 94B‑2 if:
 (a) the occupier of the premises has asked the officer to produce his or her identity card for inspection by the occupier; and
 (b) the officer fails to do so.

94B‑4  Power to ask people to answer questions etc.
 (1) An *authorised complaints officer who has entered premises under section 94B‑3 may ask a person at the premises:
 (a) to answer any questions put by the officer; and
 (b) to produce any documents or records requested by the officer.
 (2) A person is not obliged to comply with a request under subsection (1).
Note: Approved providers have a responsibility under paragraph 63‑1(1)(ba) to cooperate with a person exercising powers under this Division. An approved provider who does not comply with a request under subsection (1) may not be complying with that responsibility. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.
 (3) The powers of an *authorised complaints officer under this section are to be exercised subject to the requirements of Australian Privacy Principles 3 and 5.

94B‑5  Occupier of premises to assist authorised complaints officers
 (1) An *authorised complaints officer may ask the occupier of any premises entered under section 94B‑3 to provide reasonable assistance to the officer, at any time while the officer is entitled to remain on the premises, for the purpose of the exercise of the officer's powers under that section.
 (2) An occupier may refuse to provide assistance as requested under subsection (1).
Note: Approved providers have a responsibility under paragraph 63‑1(1)(ba) to cooperate with a person exercising powers under this Division. An approved provider who does not assist an *authorised complaints officer when requested under subsection (1) may not be complying with that responsibility. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.