Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 44

General powers

  (1)   An inspector may exercise the following powers in relation to premises under section   43:

  (a)   to search the premises and any thing on the premises for the evidential material;

  (b)   to inspect, examine, take measurements of, conduct tests on, or take samples of the evidential material;

  (c)   to take photographs, make video or audio recordings or make sketches of the premises or the evidential material;

  (d)   to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

  (e)   the powers in subsections   (2), (3) and (7).

Note:   See also Division   7A (about the dealing with samples taken by an inspector and the evidentiary value of certificates containing information about the analysis of such samples).

Operation of equipment

  (2)   An inspector also has the power to operate equipment at premises to find out whether evidential material is accessible by doing so.

Removing documents and disks etc.

  (3)   If the inspector, after operating the equipment, finds that evidential material is accessible by doing so, the inspector also has the following powers:

  (a)   to seize the equipment and any disk, tape or other associated device;

  (b)   to operate the equipment or other facilities at the premises to put the evidential material in documentary form and seize the documents so produced;

  (c)   to operate the equipment or other facilities at the premises to transfer the material to a disk, tape or other storage device that:

  (i)   is brought to the premises for the exercise of the power; or

  (ii)   is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

    and remove the disk, tape or other storage device from the premises.

How powers to be exercised

  (4)   The powers mentioned in subsections   (2) and (3) must be exercised in accordance with section   49.

Seizing equipment

  (5)   An inspector may seize equipment under paragraph   (3)(a) only if:

  (a)   it is not practicable to put the material in documentary form as mentioned in paragraph   (3)(b) or to transfer the material as mentioned in paragraph   (3)(c); or

  (b)   possession by the occupier of the equipment could constitute an offence against a law of the Commonwealth.

  (6)   An inspector may seize equipment under paragraph   (3)(a) or documents under paragraph   (3)(b) only if the inspector entered the premises under an enforcement warrant.

Seizing other evidential material

  (7)   If:

  (a)   in the course of searching for a particular thing, in accordance with an enforcement warrant, an inspector finds another thing that the inspector believes on reasonable grounds to be evidential material; and

  (b)   the inspector believes, on reasonable grounds, that it is necessary to seize the other thing in order to prevent its concealment, loss or destruction, or its use:

  (i)   in committing, continuing or repeating an offence against this Act; or

  (ii)   in committing, continuing or repeating a contravention of a civil penalty provision;

then the inspector may seize that other thing.