Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18mf:p1
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18MF (pt 1/2)
Character Range: 183224–185864

18MF  Collecting evidential material
 (1) This section applies if a trade measurement inspector has reasonable grounds for suspecting that there may be evidential material on any premises or in or on any business vehicle.
 (2) The trade measurement inspector may:
 (a) in the case of business premises or a business vehicle—enter the premises or stop, detain and inspect the vehicle; and
 (b) in the case of residential premises—enter the premises:
 (i) with the consent of the controller after producing his or her identity card for the inspection of the controller; or
 (ii) under a warrant issued under section 18MZ or 18MZA; and
 (c) exercise the powers set out in section 18MG in relation to looking for the evidential material; and
 (d) seize the evidential material, if the inspector finds it on the premises, or in or on the vehicle.
 (3) If the evidential material referred to in subsection (1) is or includes information in a written or electronic form, a trade measurement inspector may operate equipment on the premises, or in or on the vehicle, to see whether any of the following contain the information:
 (a) the equipment;
 (b) a disk, tape or other storage device that:
 (i) is on the premises, or in or on the vehicle; and
 (ii) can be used with or is associated with the equipment.
 (4) If the trade measurement inspector, after operating the equipment, finds that the equipment, or a disk, tape or other storage device, contains the information mentioned in subsection (3), he or she may:
 (a) seize the equipment or the disk, tape or other storage device; or
 (b) if the information can, by using facilities at the premises, or in or on the vehicle, be put in documentary form—operate the facilities to put the information in that form and seize the documents so produced; or
 (c) if the information can be transferred to a disk, tape or other storage device that:
 (i) is brought to the premises or the vehicle; or
 (ii) is at the premises, or in or on the vehicle, and whose use for the purpose has been agreed to in writing by the controller of the premises or vehicle;
  operate the equipment or other facilities to copy the information to the storage device and remove the storage device from the premises or vehicle.
 (5) A trade measurement inspector may seize equipment under paragraph (4)(a) only if:
 (a) it is not practicable to put the relevant information in documentary form as mentioned in paragraph (4)(b) or to copy the records as mentioned in paragraph (4)(c); or
 (b) possession of the equipment by the controller could constitute an offence.
 (6) If:
 (a) in the course of searching for a particular