Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p26
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 26/66)
Character Range: 96468–99201

that:
 (i) is on the premises; and
 (ii) can be used with the equipment or is associated with it.
 (2) The monitoring powers include the powers mentioned in subsection (3) if information (relevant data) is found in the exercise of the power under subsection (1) that is relevant to determining whether:
 (a) a provision subject to monitoring under this Division has been, or is being, complied with; or
 (b) information subject to monitoring under this Division is correct.
 (3) The powers are as follows:
 (a) the power to operate electronic equipment on the premises to put the relevant data 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 relevant data 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 ACNC officer may operate electronic equipment as mentioned in subsection (1) or (3) only if:
 (a) the ACNC officer believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment; and
 (b) the ACNC officer has reasonable grounds to suspect that:
 (i) the equipment contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists; or
 (ii) the disk, tape or other storage device contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists.
Note: For compensation for damage to electronic equipment, see section 75‑70.

75‑30  Securing evidence of the contravention of a provision subject to monitoring
 (1) This section applies if an ACNC officer enters premises (whether under a monitoring warrant or by consent of the occupier) for either or both of the following purposes:
 (a) determining whether a provision subject to monitoring has been, or is being, complied with;
 (b) determining whether information subject to monitoring is correct.
 (2) 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 ACNC officer believes on reasonable grounds that:
 (i) a provision subject to monitoring has been contravened with respect to the thing; or
 (ii) the thing affords evidence of the contravention of a provision subject to monitoring; or
 (iii) the thing is intended to be used for the purpose of contravening a provision subject to monitoring; and
 (c) the ACNC officer suspects