43Additional powers in relation to evidential material

43 Additional powers in relation to evidential material

(1) This section applies if: (a) a thing is found during the exercise of a monitoring power under section 41; and (b) an inspector reasonably believes that: (i) the thing is evidential material; and (ii) any of the powers under subsection (2) needs to be exercised without a warrant because it is not practicable to obtain a warrant or the circumstances are serious and urgent. (2) The inspector may exercise any of the following powers: (a) the power to take a sample of the thing and remove the sample from the monitoring area; (b) if the inspector is reasonably satisfied that securing the thing under section 42 is not sufficient in the circumstances—the power to seize the thing. (3) However, if the thing is equipment or a device that has been operated under subsection 41(2), the inspector may seize the thing under paragraph (2)(b) only if: (a) it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in paragraph 41(3)(a) or to transfer all the evidential material as mentioned in paragraph 41(3)(b); or (b) possession of the equipment or device by a relevant person in relation to the monitoring area could constitute an offence against a law of the Commonwealth, a State or a Territory. Additional provisions applying to seizure of thing (4) Subdivision D of Division 3 (General provisions relating to seizure) applies in relation to the seizure of a thing under this section as if a reference in that Subdivision to “this Division” were a reference to this section. Reporting exercise of powers (5) If an inspector exercises a power under this section, the inspector must give the Director‑General a report describing: (a) the exercise of the power; and (b) the grounds for the inspector’s belief under subparagraph (1)(b)(ii). (6) A report under subsection (5) must be given as soon as practicable, but no later than 28 days, after the exercise of the power.