42Monitoring powers of authorised officers

42 Monitoring powers of authorised officers

(1) The following are the monitoring powers that an authorised officer may exercise in relation to premises under section 41: (a) the power to search the premises and any thing on the premises; (b) the power to inspect, examine, take measurements of or conduct tests on any thing on the premises; (c) the power to make any still or moving image or any recording of the premises or any thing on the premises; (d) the power to inspect any document on the premises; (e) the power to make copies of any such document; (f) the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers set out in this section in relation to the premises; (g) the powers set out in subsections (2), (3) and (5). Powers relating to 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 finding out whether the holder of the approval concerned has complied with Part 3 or 6 or a condition of the approval. (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 or another person who apparently represents the occupier; and remove the disk, tape or other storage device from the premises. (4) An authorised officer 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 (5) 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 authorised officer believes on reasonable grounds that: (i) the thing affords evidence of the commission of an offence against Part 3 or 6; 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.

Note: The Crimes Act 1914 contains provisions allowing the issue of warrants to seize things.