Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 268CI

Monitoring powers of authorised officers

             (1)  For the purposes of this Subdivision, the following are the monitoring powers that an authorised officer may exercise in relation to premises under section 268CA:

                     (a)  to search the premises, and any receptacle on the premises, for any thing on the premises belonging to or possessed by the education provider that might be relevant to a visa monitoring purpose;

                     (b)  to examine any such thing;

                     (c)  to examine any activity that is conducted on the premises by, or with the consent of, the education provider that might be relevant to a visa monitoring purpose;

                     (d)  to take photographs or make video or audio recordings or sketches on the premises of any such activity or thing;

                     (e)  to inspect any document on the premises belonging to or possessed by the education provider that might be relevant to a visa monitoring purpose;

                      (f)  to take extracts from or make copies of any such document;

                     (g)  to take onto the premises any equipment and materials that the authorised officer requires for the purpose of exercising powers in relation to the premises;

                     (h)  the powers in subsections (2), (3) and (5).

             (2)  For the purposes of this Subdivision, the monitoring powers include the power to operate equipment that is on the premises to see whether:

                     (a)  the equipment; or

                     (b)  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;

contains information belonging to the education provider that is relevant to a visa monitoring purpose.

             (3)  For the purposes of this Division, the monitoring powers include the following powers in relation to information described in subsection (2) that is found in the exercise of the power under that subsection:

                     (a)  to operate facilities that are on the premises to put the information in documentary form and remove the documents so produced;

                     (b)  to operate such facilities to transfer the information 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 to in writing by the education provider or occupier (as appropriate);

                     (c)  to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).

             (4)  The powers mentioned in subsections (2) and (3) must be exercised in accordance with sections 268CO, 268CP and 268CQ.

             (5)  If an authorised officer, during a search of premises, reasonably believes that there is on the premises a thing that might afford evidence of the commission of an offence against this Act or the regulations, the Crimes Act 1914 or the Criminal Code , the monitoring powers include securing the thing pending the obtaining of a warrant to seize it.



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