Document ID: chunk:federal_register_of_legislation:C2025C00094:section:260:p2
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 260 (pt 2/2)
Character Range: 249302–250803

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.
 (5) An inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
 (6) An inspector may seize equipment or a disk, tape or other storage device as mentioned in paragraph (4)(a) only if:
 (a) it is not practicable to put the evidential material in documentary form as mentioned in paragraph (4)(b) or to transfer the evidential material as mentioned in paragraph (4)(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, a State or a Territory.
 (7) If:
 (a) entry to the premises is under an enforcement warrant; and
 (b) the inspector, in the course of searching for the kind of evidential material specified in the warrant, finds a thing that the inspector believes on reasonable grounds to be other evidential material; and
 (c) the inspector 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.