47Use of electronic equipment at premises

47 Use of electronic equipment at premises

(1) The authorised officer or a person assisting may operate electronic equipment already at premises in order to exercise the inspection powers of an authorised officer if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (2) If the authorised officer or a person assisting believes on reasonable grounds that: (a) accounts and other documents relating to an activity in respect of the production of bountiable fuel ethanol may be accessible by operating electronic equipment at the premises; and (b) expert assistance is required to operate the equipment; and (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with; he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise. (3) The authorised officer or a person assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours. (4) The equipment may be secured: (a) for a period not exceeding 24 hours; or (b) until the equipment has been operated by the expert; whichever happens first. (5) If the authorised officer or a person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period. (6) The authorised officer or a person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application. (7) The provisions of this Division relating to the issue of warrants apply, with such modifications as are necessary, to the issue of an extension. (8) In this section:

premises means:

(a) premises that may be entered under subsection 39(1); or
(b) premises in relation to which a warrant has been issued under subsection 41(2); or
(c) other premises that an authorised officer has entered, and remains on, with the consent of the occupier.