Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:7_304
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 7 cl 304
Character Range: 232782–234050

304  Subsection 48C(2)
Repeal the subsection, substitute:
 (2) If the authorised person, after operating the equipment, finds that evidential material in respect of an offence against this Act, in respect of a contravention of a civil penalty provision or in respect of both is accessible by doing so, he or she may:
 (a) seize the equipment and any disk, tape or other associated device; or
 (b) operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises; or
 (c) operate electronic equipment on the premises to transfer the evidential material 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 remove the disk, tape or other storage device from the premises.
 (2A) An authorised person may operate electronic equipment as mentioned in subsection (1) or (2) only if the authorised person believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
Note: For compensation for damage to electronic equipment, see section 48D.