Document ID: chunk:federal_register_of_legislation:C2024C00749:section:35:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 35 (pt 2/2)
Character Range: 247131–249489

required for a permitted purpose in relation to the eligible authority, other than a purpose connected with an inspection of the kind referred to in paragraph (h) or with a report on such an inspection; and
 (h) requiring regular inspections of the eligible authority's records, for the purpose of ascertaining the extent of compliance by the officers of the eligible authority with the requirements referred to in paragraphs (a), (f) and (g) of this subsection, to be made by an authority of that State that is independent of the eligible authority and on which sufficient powers have been conferred to enable the independent authority to make a proper inspection of those records for that purpose; and
 (ha) requiring that a person who performs a function or exercises a power under section 44A or 45 in relation to an application by an eligible authority for a warrant must not undertake an inspection of the eligible authority's records for the purpose referred to in paragraph (h) in relation to a record of the eligible authority that relates to the application; and
 (j) requiring an authority of that State that has made an inspection of the eligible authority's interception records for the purpose referred to in paragraph (h) to report in writing to the responsible Minister about the results of the inspection; and
 (k) empowering an authority of that State that, as a result of inspecting the eligible authority's records for the purpose referred to in paragraph (h), is of the opinion that an officer of the eligible authority has contravened:
 (i) a provision of this Act; or
 (ii) a requirement referred to in paragraph (c);
  to include in the report on the inspection a report on the contravention; and
 (m) requiring the responsible Minister to give to the Minister, as soon as practicable after a report on an inspection of the kind referred to in paragraph (j) is given to the responsible Minister, a copy of the report.
 (1A) Paragraphs (1)(f) and (g) do not apply to a restricted record that is a record of a communication that was intercepted under paragraph 7(2)(aaa).
 (2) The Minister must not make a declaration under section 34 in relation to an eligible authority of a State unless the Minister is satisfied that that State has entered into an agreement to pay all expenses connected with the issue of warrants to the authority.