Document ID: chunk:federal_register_of_legislation:C2024C00709:section:17:p2
Version: federal_register_of_legislation:C2024C00709
Segment Type: section
Provision Reference: s 17 (pt 2/2)
Character Range: 26849–28747

device.

Deletion of unauthorised recordings
 (5) After the device has been inspected or operated under subsection (4), a security officer or an authorised court officer may, after informing the person that it may be an offence to use a recording device to make an unauthorised recording or to use a transmitting device to make an unauthorised transmission, make either or both of the following requests of the person:
 (a) a request not to use the device to make or store an unauthorised recording or to make an unauthorised transmission;
 (b) a request to delete any unauthorised recordings from the device.

Security officer's and authorised court officer's powers if request under subsection (4) or (5) not complied with
 (6) If a security officer or an authorised court officer makes a request of a person under subsection (4) or (5) relating to a device and the person does not comply with the request, a security officer or an authorised court officer may:
 (a) seize the device; and
 (b) operate the device for the purposes of determining whether it has been, is being or will be used for making or storing an unauthorised recording or for making an unauthorised transmission; and
 (c) if the device is being used for making an unauthorised recording or an unauthorised transmission—stop and temporarily prevent that use of the device or give the device to a police officer; and
 (d) if there are any unauthorised recordings on the device—either delete them or give the device to a police officer.
Note 1: Non‑compliance with the request may also be an offence against section 18.
Note 2: Section 49 provides for compensation if the device is damaged as a result of certain action under this section.
 (7) After the security officer or authorised court officer finishes deleting unauthorised recordings from the device under paragraph (6)(d), he or she must return the device to the person.