Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p32
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 32/66)
Character Range: 111382–114087

section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.

75‑80  Occupier to provide ACNC officer with facilities and assistance
 (1) The occupier of premises to which a monitoring warrant relates, or an individual who apparently represents the occupier, must provide:
 (a) an ACNC officer executing the warrant; and
 (b) any individual assisting the ACNC officer;
with all reasonable facilities and assistance for the effective exercise of their powers.
 (2) An individual commits an offence if:
 (a) the individual is subject to subsection (1); and
 (b) the individual fails to comply with that subsection.
Penalty for contravention of this subsection: 20 penalty units.

Subdivision 75‑F—Monitoring warrants

75‑85  Monitoring warrants

Application for warrant
 (1) The Commissioner may apply to an issuing officer for a warrant under this section in relation to premises.

Issue of warrant
 (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is necessary that one or more ACNC officers should have access to the premises for the purpose of 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.
 (3) However, the issuing officer must not issue the warrant unless the Commissioner or some other individual has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant
 (4) The warrant must:
 (a) describe the premises to which the warrant relates; and
 (b) state that the warrant is issued under this section; and
 (c) state the purpose for which the warrant is issued; and
 (d) authorise one or more ACNC officers (whether or not named in the warrant) from time to time while the warrant remains in force:
 (i) to enter the premises; and
 (ii) to exercise the powers set out in this Division in relation to the premises; and
 (e) state whether entry is authorised to be made at any time of the day or during specified hours of the day; and
 (f) specify the day (not more than 1 month after the issue of the warrant) on which the warrant ceases to be in force.

Subdivision 75‑G—Powers of issuing officers

75‑90  Powers of issuing officers

Powers conferred personally
 (1) A power conferred on an issuing officer by this Division is conferred on the issuing officer:
 (a) in a personal capacity; and
 (b) not as a court or a member of a court.

Powers need not be