Document ID: chunk:federal_register_of_legislation:C2025C00094:section:259:p1
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 259 (pt 1/2)
Character Range: 242810–245391

259  Monitoring powers of inspectors
 (1) An inspector who enters premises under subsection 256(1) or 257(1) may exercise the following monitoring powers:
 (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 inspector requires for the purpose of exercising powers in relation to the premises;
 (h) the power to request that a person on the premises demonstrate the operation of machinery or equipment on the premises;
 (i) the powers set out in subsections (2), (3), (4) and (6).
 (2) If the premises are a vessel, the monitoring powers include the power to require the master of the vessel to do one or more of the following:
 (a) stop or manoeuvre the vessel;
 (b) adopt a specified course or speed;
 (c) maintain a specified course or speed.
 (3) The monitoring powers include the power to operate or to require a person to operate electronic equipment on the premises to see whether:
 (a) the equipment; or
 (b) 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;
contains information (data) that is relevant to determining:
 (c) whether this Act is being, or has been, complied with; or
 (d) the correctness of information provided under this Act.
 (4) The monitoring powers include the following powers in relation to data found in the exercise of the power under subsection (3):
 (a) the power to operate or to require a person to operate electronic equipment on the premises to put the data in documentary form and remove the documents so produced from the premises;
 (b) the power to operate or to require a person to operate electronic equipment on the premises to transfer the data to a disk, tape or other 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;
  and to remove the disk, tape or other storage device from the premises.
 (5) An inspector may operate electronic equipment as mentioned in subsection