Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_231
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 231
Character Range: 112031–114134

231  Use of equipment at premises
 (1) This section applies if:
 (a) an authorised compliance officer enters premises under subsection 223(1) or 224(1); and
 (b) the authorised compliance officer believes on reasonable grounds that the authorised compliance officer can operate equipment at the premises without damaging the equipment.
 (2) The authorised compliance officer may operate the equipment to:
 (a) see whether the following may be accessible by doing so:
 (i) if the premises were entered under subsection 223(1)—relevant information;
 (ii) if the premises were entered under subsection 224(1)—evidential material; and
 (b) put the relevant information or evidential material in documentary form; and
 (c) copy the relevant information or evidential material to a storage device that:
 (i) is brought to the premises for the exercise of the power; or
 (ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises.
The authorised compliance officer may then take the storage device from the premises.
 (3) In subsection (2), relevant information means information relevant to determining whether:
 (a) a designated compliance provision has been, or is being, complied with; or
 (b) information given in compliance, or purported compliance, with a designated compliance provision is correct.
 (4) If:
 (a) the premises were entered under an investigation warrant; and
 (b) the authorised compliance officer suspects on reasonable grounds that the equipment or a storage device on the premises is or contains evidential material;
the authorised compliance officer may seize the equipment or the storage device.
 (5) An authorised compliance officer may seize equipment or a storage device under subsection (4) only if:
 (a) it is not practicable to put the evidential material in documentary form as mentioned in paragraph (2)(b) or copy the evidential material as mentioned in paragraph (2)(c); or
 (b) possession of the equipment or the storage device by the occupier could constitute an offence against a law of the Commonwealth.