Document ID: chunk:federal_register_of_legislation:C2024C00680:section:238
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 238
Character Range: 313196–315371

238  Monitoring powers
 (1) A reference in this Part to monitoring powers is a reference:
 (a) in relation to airport premises—to the following powers:
 (i) to search the airport premises;
 (ii) to take photographs (including a video recording), or make sketches, of the airport premises or any substance or thing at the airport premises;
 (iii) to inspect, examine and take samples of, any substance or thing on or in the airport premises;
 (iv) to take extracts from, or make copies of, any document on the airport premises;
 (v) to take measurements, make surveys or take levels at airport premises and, for those purposes, to dig trenches, break up the soil or set up any post, stake or mark at the airport premises;
 (vi) to take onto the airport premises any equipment or material reasonably necessary for the purpose of exercising a power under subparagraph (i), (ii), (iii), (iv) or (v); and
 (b) in relation to certain documents on airport premises—to the powers described in subsections (2) and (3).
 (2) An authorised officer has power to operate equipment at the airport premises to see whether:
 (a) the equipment; or
 (b) a disk, tape or other storage device that:
 (i) is at the airport premises; and
 (ii) can be used with or is associated with the equipment;
  contains information that is relevant to determining whether there has been compliance with Part 5 or 6.
 (3) If the authorised officer, after operating equipment at the airport premises, finds that the equipment, or that a disk, tape or other storage device at the airport premises, contains information of that kind, he or she has power:
 (a) to operate the equipment or other facilities to put the information in documentary form and copy the documents so produced; or
 (b) if the information can be transferred to a disk, tape or other storage device that:
 (i) is brought to the airport premises; or
 (ii) is at the airport premises and the use of which for the purpose has been agreed to in writing by the occupier of the airport premises;
  to operate the equipment or other facilities to copy the information to the storage device and remove the storage device from the airport premises.