Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The monitoring powers include the power to:
(a) operate electronic equipment on the premises; and
(b) use a disk, tape or other storage device that:
(i) is on the premises; and
(ii) can be used with the equipment or is associated with it.
(2) The monitoring powers include the powers mentioned in subsection (3) if information ( relevant data ) is found in the exercise of the power under subsection (1) that is relevant to determining whether:
(a) a provision subject to monitoring under this Division has been, or is being, complied with; or
(b) information subject to monitoring under this Division is correct.
(3) The powers are as follows:
(a) the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises;
(b) the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that:
(i) is brought to the premises for the exercise of the power; or
(ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;
and remove the disk, tape or other storage device from the premises.
(4) An ACNC officer may operate electronic equipment as mentioned in subsection (1) or (3) only if:
(a) the ACNC officer believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment; and
(b) the ACNC officer has reasonable grounds to suspect that:
(i) the equipment contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists; or
(ii) the disk, tape or other storage device contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists.
Note: For compensation for damage to electronic equipment, see section 75 - 70.