Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The monitoring powers include the power to operate electronic equipment on the premises if the inspector has reasonable grounds to suspect that any of the following contains relevant data:
(a) the equipment;
(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.
Note: For compensation for damage to electronic equipment, see section 58.
(2) Relevant data means information that is relevant to determining whether:
(a) this Act has been, or is being, complied with; or
(b) information given in compliance, or purported compliance, with this Act is correct.
(3) The monitoring powers include the following powers in relation to relevant data found in the exercise of the power under subsection (1):
(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 inspector may operate electronic equipment as mentioned in subsection (1) or (3) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.