75‑25 Operating electronic equipment75‑25 Operating electronic equipment

#### 75‑25 Operating electronic equipment (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 (3) if information (relevant data) is found in the exercise of the power under subsection (1) that is relevant to determining whether: (a) a provision subject to monitoring under this Division has been, or is being, complied with; or (b) information subject to monitoring under this Division is correct. (3) 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. (4) An ACNC officer may operate electronic equipment as mentioned in subsection (1) or (3) only if: (a) the ACNC officer believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment; and (b) the ACNC officer has reasonable grounds to suspect that: (i) the equipment contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists; or (ii) the disk, tape or other storage device contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists. > Note: For compensation for damage to electronic equipment, see section 75‑70.