Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 91.3

  (1)   If an * authorised officer enters premises in accordance with section   91 - 1, the following are the search powers that the officer may exercise in relation to the premises:

  (a)   the power to search the premises and any thing on the premises;

  (b)   the power to examine or observe any activity conducted on the premises;

  (c)   the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

  (d)   the power to make any still or moving image or any recording of the premises or any thing on the premises;

  (e)   the power to inspect any document on the premises;

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

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

  (h)   the powers set out in subsections   (2) and (3).

  (2)   The search powers include the power to:

  (a)   operate electronic equipment on the premises entered in accordance with section   91 - 1; 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.

  (3)   If information that is relevant to the purposes for which the * authorised officer entered the premises under section   91 - 1 is found in the exercise of the power under subsection   (2), the search powers include the following powers:

  (a)   the power to operate electronic equipment on the premises to put the information 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 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 in writing by the occupier of the premises;

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

  (4)   An * authorised officer may operate electronic equipment as mentioned in subsection   (2) or (3) only if the officer believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.