199Monitoring powers of inspectors

#### 199 Monitoring powers of inspectors (1) The following are the monitoring powers that an inspector may exercise in relation to premises under section 198: (a) the power to search the premises and any thing on the premises; (b) the power to examine any activity conducted on the premises; (c) the power to inspect, examine, take measurements of or conduct tests on any thing on the premises; (d) the power to make any still or moving image or any recording of the premises or any thing on the premises; (e) the power to inspect any document on the premises; (f) the power to take extracts from, or make copies of, any such document; (g) the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises; (h) the powers set out in subsections (2), (3) and (5). Operating electronic equipment (2) The monitoring powers include the power to operate electronic equipment on the premises to see whether: (a) the equipment; or (b) 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; contains information that is relevant to: (c) determining whether this Act or the associated provisions have been, or are being, complied with; or (d) substantiating information provided under this Act or the associated provisions. (3) The monitoring powers include the following powers in relation to information described in subsection (2) found in the exercise of the power under that subsection: (a) the power to operate electronic equipment on the premises to put the information 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 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 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 inspector may operate electronic equipment as mentioned in subsection (2) or (3) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. Securing things if entry to premises is under a monitoring warrant (5) If entry to the premises is under a monitoring warrant, the monitoring powers include the power to secure a thing for a period not exceeding 24 hours if: (a) the thing is found during the exercise of monitoring powers on the premises; and (b) an inspector believes on reasonable grounds that: (i) the thing affords evidence of the commission of an offence against this Act or of an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and (iii) the circumstances are serious and urgent. (6) If an inspector believes on reasonable grounds that the thing needs to be secured for more than 24 hours, he or she may apply to a magistrate for an extension of that period. (7) The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application. (8) The provisions of this Part relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension. (9) The 24 hour period: (a) may be extended more than once; and (b) must not be extended more than 3 times.