Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p30
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 30/66)
Character Range: 106365–109095

the warrant.

75‑60  Details of warrant etc. to be given to occupier
 (1) An ACNC officer must comply with subsection (2) if:
 (a) a monitoring warrant is being executed in relation to premises; and
 (b) the occupier of the premises, or an individual who apparently represents the occupier, is present at the premises.
 (2) The ACNC officer must, as soon as practicable:
 (a) make a copy of the warrant available to the occupier or individual (which need not include the signature of the issuing officer who issued it); and
 (b) inform the occupier or individual of the rights and responsibilities of the occupier or individual under Subdivision 75‑E, in English.

75‑65  Expert assistance to operate electronic equipment
 (1) This section applies if an ACNC officer enters premises (whether under a monitoring warrant or by consent of the occupier).

Securing equipment
 (2) The ACNC officer may secure any electronic equipment that is on the premises if the ACNC officer suspects on reasonable grounds that:
 (a) there is relevant data on the premises; and
 (b) the relevant data may be accessible by operating the equipment; and
 (c) expert assistance is required to operate the equipment; and
 (d) the relevant data may be destroyed, altered or otherwise interfered with, if the ACNC officer does not take action under this subsection.
The equipment may be secured by locking it up, placing a guard or any other means.
 (3) Relevant data means information relevant to determining whether:
 (a) a provision that is subject to monitoring under this Division has been, or is being, complied with; or
 (b) information subject to monitoring under this Division is correct.
 (4) The ACNC officer must give notice to the occupier of the premises, or an individual who apparently represents the occupier, of:
 (a) the ACNC officer's intention to secure the equipment; and
 (b) the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured
 (5) The equipment may be secured until the earlier of the following happens:
 (a) the 24‑hour period ends;
 (b) the equipment has been operated by the expert.
Note: For compensation for damage to electronic equipment, see section 75‑70.

Extensions
 (6) The ACNC officer may apply to an issuing officer for an extension of the 24‑hour period up to a specified time if the ACNC officer suspects on reasonable grounds that the equipment needs to be secured for longer than that period.
 (7) Before making the application, the ACNC 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