Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_51a:p1
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 51A (pt 1/2)
Character Range: 21934–24611

51A  Monitoring powers of inspectors

General powers
 (1) The following are the monitoring powers that an inspector may exercise in relation to premises under section 51:
 (a) to search the premises and any thing on the premises;
 (b) to inspect, examine, take measurements of, conduct tests on, or take samples of, any gas or other substance on the premises;
 (c) to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;
 (d) to inspect any book, record or document on the premises;
 (e) to remove, take extracts from, or make copies of, any such book, record or document;
 (f) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;
 (g) the powers set out in subsections (2), (3) and (5).

Operating electronic equipment
 (2) The monitoring powers include the power to operate electronic equipment at premises to find out 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 that is relevant to ascertaining whether this Act or the regulations have been complied with.
 (3) The monitoring powers include the following powers in relation to information described in subsection (2) found in the exercise of the power under that subsection:
 (a) to operate electronic equipment at the premises to put the information in documentary form and remove the documents so produced from the premises;
 (b) to operate electronic equipment at the premises to transfer the information to a disk, tape or other storage device that:
 (i) is brought to the premises for the exercise of the power; or
 (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises or a person apparently representing the occupier;
  and remove the disk, tape or other storage device from the premises.
 (4) An inspector must not operate electronic equipment as mentioned in subsection (2) or (3) unless he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Securing things if entry to the premises is with the consent of the occupier etc.
 (5) The monitoring powers include the power to secure a thing on the premises for not more than 24 hours if:
 (a) the thing is found on the premises during the exercise of monitoring powers under subsection (1); and
 (b) the occupier of the premises, or another person who apparently represents the occupier, consents to the inspector entering