Document ID: chunk:federal_register_of_legislation:C2024A00091:section:41
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 41
Character Range: 65557–67949

41  Monitoring powers

General monitoring powers
 (1) The following are the monitoring powers that an inspector may exercise in relation to a monitoring area under section 40:
 (a) the power to search the monitoring area and any thing in the monitoring area;
 (b) the power to examine or observe any activity conducted in the monitoring area;
 (c) the power to inspect, examine, take measurements of or conduct tests on any thing in the monitoring area;
 (d) the power to make any still or moving image or any recording (including a sound recording) of the monitoring area, or of any person, conversation or any thing in the monitoring area;
 (e) the power to inspect any document in the monitoring area;
 (f) the power to take extracts from, or make copies of, any such document;
 (g) the power to take into the monitoring area such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the monitoring area;
 (h) the powers set out in subsections (2) and (3) and subsection 42(1).

Powers relating to operating equipment
 (2) The monitoring powers include the power to:
 (a) operate equipment in the monitoring area; and
 (b) use a device that is in the monitoring area and can be used with the equipment or is associated with it;
to determine whether the equipment or the device contains information relevant to a purpose referred to in paragraph 40(1)(a), (b) or (c).
 (3) If information referred to in subsection (2) is found in the exercise of the power under that subsection, the monitoring powers include the following powers:
 (a) the power to operate equipment in the monitoring area to put the information in documentary form and remove the documents from the monitoring area;
 (b) the power to operate equipment in the monitoring area to transfer the information to a device that:
 (i) is brought into the monitoring area for the exercise of the power; or
 (ii) is in the monitoring area and the use of which for that purpose has been agreed in writing by a relevant person in relation to the monitoring area;
  and remove the device from the monitoring area.
 (4) An inspector may operate equipment as mentioned in subsection (2) or (3) only if the inspector reasonably believes that the operation of the equipment can be carried out without damage to the equipment.
Note: For compensation for damage to equipment, see section 96.