68Enforcement powers of authorised officers

#### 68 Enforcement powers of authorised officers (1) The following are the enforcement powers that an authorised officer may exercise in relation to premises under section 66: (a) if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the authorised officer has reasonable grounds for suspecting may be on the premises; (b) if entry to the premises is under an enforcement warrant: (i) the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and (ii) the power to seize evidential material of that kind if the authorised officer finds it on the premises; (c) the power to inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b); (d) the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b); (e) the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; (f) the powers set out in subsections (2), (3) and (6). Powers relating to electronic equipment (2) The enforcement 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 evidential material referred to in paragraph (1)(a) or (b). (3) The enforcement powers include the following powers in relation to evidential material described in subsection (2) found in the exercise of the power under that subsection: (a) if entry to the premises is under an enforcement warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection; (b) the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises; (c) the power to operate electronic equipment on the premises to transfer the evidential material 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 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. (5) An authorised officer may seize equipment or a disk, tape or other storage device as mentioned in paragraph (3)(a) only if: (a) it is not practicable to put the evidential material in documentary form as mentioned in paragraph (3)(b) or to transfer the evidential material as mentioned in paragraph (3)(c); or (b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth. Seizing other evidential material (6) If: (a) entry to the premises is under an enforcement warrant; and (b) the authorised officer, in the course of searching for the kind of evidential material specified in the warrant, finds a thing that the authorised officer believes on reasonable grounds to be other evidential material; and (c) the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction; then the enforcement powers include seizing the thing.