Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The monitoring powers include the power to:
(a) operate electronic equipment on the premises; 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.
(2) The monitoring powers include the powers mentioned in subsection (4) if relevant data is found in the exercise of the power under subsection (1).
(3) Relevant data means information relevant to determining:
(a) whether a provision that is subject to monitoring under this Part has been, or is being, complied with; or
(b) whether information subject to monitoring under this Part is correct; or
(c) a matter subject to monitoring under this Part.
(4) The powers are as follows:
(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.
(5) An authorised person may operate electronic equipment as mentioned in subsection (1) or (4) only if the authorised person believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
Note: For compensation for damage to electronic equipment, see section 29.