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AUTOMOTIVE TRANSFORMATION SCHEME ACT 2009 - SECT 12

Powers available for monitoring compliance

  (1)   A n authorised officer who enter s premises under subsection   11 (1) may exercise the following monitoring powers :

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

  (b)   the power to inspect, examine, take measurements of , or conduct tests (including by the taking of samples) concerning, any thing on the premises;

  (c)   the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;

  (d)   if the authorised officer enter ed the premises by consent--to ask any person in or on the premises:

  (i)   to answer any questions put by the authorised officer; and

  (ii)   to produce any book, record or document requested by the authorised officer;

  (e)   if the authorised officer was authorised to enter the premises by a monitoring warrant--to require any person in or on the premises:

  (i)   to answer any questions put by the authorised officer; and

  (ii)   to produce any book, record or document requested by the authorised officer;

  (f)   the power to inspect any book, record or document on the premises;

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

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

  ( i )   the power to operate electronic equipment, and do other things, at the premises as mentioned in se ction   20 ;

  (j )   the powers set out in subsections   ( 2), (3) and (4).

Note:   Failure to comply with paragraph   ( 1)(e ) is an offence--see section   24 .

  (2)   The monitoring powers include the power to secure a thing for no more than 24 hours if:

  (a)   the thing is found during the exercise of monitoring powers on the premises; and

  (b)   an authorised officer believes on reasonable grounds that:

  (i)   the thing affords evidence of the commission of an offence against th e A utomotive Transformation Scheme , or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to th e Scheme ; and

  (ii)   it is necessary to secure the thing in order to prevent it from being concealed, lost , destroyed or tampered with before a warrant to seize the thing is obtained.

  (3)   The monitoring powers include the power to operate equipment at the premises to see whether:

  (a)   the equipment; or

  (b)   a data storage device that:

  (i)   is at the premises; and

  (ii)   can be used with the equipment or is associated with it;

contains information that is relevant to:

  (c)   determining whether there has been compliance with the Automotive Transformation Scheme; or

  (d)   assessing the correctness of information provided under the Scheme.

  (4)   The monitoring powers include the following powers in relation to information described in subsection   ( 3) found in the exercise of the power under that subsection:

  (a)   the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;

  (b)   the power to operate facilities at 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 at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;

  (c)   the power 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).



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