Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p31
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 31/66)
Character Range: 108864–111612

officer must give notice to the occupier of the premises, or an individual who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or individual is entitled to be heard in relation to that application.
 (8) The issuing officer may issue the extension if he or she is satisfied, by information on oath or affirmation, that it is necessary to do so in order to prevent the destruction, alteration or interference with the relevant data.
 (9) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.
 (10) The period may be extended more than once.

75‑70  Compensation for damage to electronic equipment
 (1) This section applies if:
 (a) as a result of electronic equipment being operated as mentioned in this Division:
 (i) damage is caused to the equipment; or
 (ii) the data recorded on the equipment is damaged; or
 (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and
 (b) the damage or corruption occurs because:
 (i) insufficient care was exercised in selecting the individual who was to operate the equipment; or
 (ii) insufficient care was exercised by the individual operating the equipment.
 (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.
 (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a designated court for such reasonable amount of compensation as the court determines.
 (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier's employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

Subdivision 75‑E—Occupier's rights and responsibilities

75‑75  Occupier entitled to observe execution of warrant
 (1) The occupier of premises to which a monitoring warrant relates, or an individual who apparently represents the occupier, is entitled to observe the execution of the monitoring warrant if the occupier or individual is present at the premises while the warrant is being executed.
 (2) The right to observe the execution of the warrant ceases if the occupier or individual impedes that execution.
 (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.

75‑80  Occupier to provide ACNC officer with facilities and assistance
 (1) The occupier of premises to which a monitoring