Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3ueb:p3
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3UEB (pt 3/3)
Character Range: 146665–148685

as soon as reasonably practicable after issuing the warrant.
 (11) If the assessment officer refuses to issue the post‑entry warrant:
 (a) the assessment officer must give written notice of the refusal to the persons mentioned in subsection (12) as soon as reasonably practicable after refusing to issue the warrant; and
 (b) the notice must include a statement of reasons for refusing to issue the warrant; and
 (c) in the case of a notice given to a person mentioned in paragraph (12)(d)—the notice must also contain information about any right the person may have to:
 (i) make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976; or
 (ii) take civil or other action;
  in relation to the entry to the premises or the exercise, or purported exercise, of powers under section 3UEA in relation to the premises.
 (12) For the purposes of subsections (10) and (11), the persons are the following:
 (a) the police officer;
 (b) if the police officer is a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979) or a special member (within the meaning of that Act)—the Commissioner;
 (c) if the police officer is a member, however described, of a police force of a State or Territory—the Commissioner of Police in that police force or the person holding equivalent rank;
 (d) any current or former owners or occupiers of the premises:
 (i) whom the assessment officer considers have been affected by the exercise, or purported exercise, of the powers under section 3UEA in relation to the premises; and
 (ii) to whom the assessment officer considers it is practicable to give the post‑entry warrant or notice of refusal (as the case requires).

Protection of information
 (13) Despite subsections (9) and (11), a post‑entry warrant or notice of refusal must not include information if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).