Document ID: chunk:federal_register_of_legislation:C2014C00735:section:12:p1
Version: federal_register_of_legislation:C2014C00735
Segment Type: section
Provision Reference: s 12 (pt 1/2)
Character Range: 12048–14748

12  Powers available for monitoring compliance
 (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:
 (a) the power to search the premises and any thing on the premises;
 (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;
 (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;
 (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:
 (i) to answer any questions put by the authorised officer; and
 (ii) to produce any book, record or document requested by the authorised officer;
 (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:
 (i) to answer any questions put by the authorised officer; and
 (ii) to produce any book, record or document requested by the authorised officer;
 (f) the power to inspect any book, record or document on the premises;
 (g) the power to take extracts from or make copies of any such book, record or document;
 (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;
 (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;
 (j) the powers set out in subsections (2), (3) and (4).
Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.
 (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:
 (a) the thing is found during the exercise of monitoring powers on the premises; and
 (b) an authorised officer believes on reasonable grounds that:
 (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and
 (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.
 (3) The monitoring powers include the power to operate equipment at the premises to see whether:
 (a) the equipment; or
 (b) a data storage device that:
 (i) is at the premises; and
 (ii) can be used with the equipment or is associated with it;
contains information that is relevant to:
 (c) determining whether there has been compliance with the Automotive Transformation Scheme; or
 (d) assessing the correctness of information