Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317ZRB

Inspection of records

  (1)   An Ombudsman official may inspect the records of an interception agency to determine the extent of compliance with this Part by:

  (a)   the agency; and

  (b)   the chief officer of the agency; and

  (c)   officers of the agency.

  (2)   The chief officer of an interception agency must ensure that officers of the agency give an Ombudsman official any assistance the Ombudsman official reasonably requires to enable the Ombudsman official to exercise the power conferred by subsection   (1).

Report

  (3)   The Commonwealth Ombudsman may make a written report to the Home Affairs Minister on the results of one or more inspections under subsection   (1).

  (4)   A report under subsection   (3) must not include information which, if made public, could reasonably be expected to:

  (a)   prejudice an investigation or prosecution; or

  (b)   compromise any interception agency's operational activities or methodologies.

  (5)   If:

  (a)   the Commonwealth Ombudsman makes a report under subsection   (3); and

  (b)   the report relates to an inspection under subsection   (1) of the records of an interception agency of a State or Territory;

the Commonwealth Ombudsman must give a copy of the report to the chief officer of the interception agency.

  (6)   If the Home Affairs Minister receives a report under subsection   (3), the Home Affairs Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Home Affairs Minister receives the report.

  (7)   Before tabling the copy of the report, the Home Affairs Minister may delete from the copy information that, if made public, could reasonably be expected to:

  (a)   prejudice an investigation or prosecution; or

  (b)   compromise any interception agency's operational activities or methodologies.



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