Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p25
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 25/66)
Character Range: 94021–96698

relates to this Act or a legislative instrument made under this Act.
 (2) Information is also subject to monitoring under this Division if:
 (a) an entity has given the Commissioner the information (whether it did so voluntarily or in fulfilling an obligation to do so); and
 (b) the information is included on the Register in accordance with Division 40.

Subdivision 75‑C—Monitoring powers

75‑15  ACNC officer may enter premises by consent or under a warrant
 (1) An ACNC officer may enter any premises and exercise the monitoring powers for either or both of the following purposes:
 (a) determining whether a provision subject to monitoring under this Division has been, or is being, complied with;
 (b) determining whether information subject to monitoring under this Division is correct.
Note: The monitoring powers are set out in sections 75‑20, 75‑25 and 75‑30.
 (2) However, an ACNC officer is not authorised to enter the premises unless:
 (a) the occupier of the premises has consented to the entry and the ACNC officer has shown his or her identity card if required by the occupier; or
 (b) the entry is made under a monitoring warrant.
Note: If entry to the premises is with the occupier's consent, the ACNC officer must leave the premises if the consent ceases to have effect (see section 75‑45).

75‑20  Monitoring powers of ACNC officers
  The following are the monitoring powers that an ACNC officer may exercise in relation to premises under section 75‑15:
 (a) the power to search the premises and any thing on the premises;
 (b) the power to examine or observe any activity conducted on the premises;
 (c) the power to inspect, examine, take measurements of, or conduct tests on, any thing on the premises;
 (d) the power to make any still or moving image or any recording of the premises or any thing on the premises;
 (e) the power to inspect any document on the premises;
 (f) the power to take extracts from, or make copies of, any such document;
 (g) the power to take onto the premises such equipment and materials as the ACNC officer requires for the purpose of exercising powers in relation to the premises;
 (h) the power to sample any thing on the premises;
 (i) the powers set out in subsections 75‑25(1) and (3) and 75‑30(2).

75‑25  Operating electronic equipment
 (1) The monitoring powers include the power to:
 (a) operate electronic equipment on the premises; and
 (b) use a disk, tape or other storage device that:
 (i) is on the premises; and
 (ii) can be used with the equipment or is associated with it.
 (2) The monitoring powers include the powers mentioned in subsection (3) if information (relevant data) is found in the exercise of