Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_105:p2
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 105 (pt 2/2)
Character Range: 148651–150243

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.
 (4) A marine safety inspector may operate electronic equipment as mentioned in subsection (2) or (3) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
 (5) A marine safety inspector may seize equipment or a disk, tape or other storage device as mentioned in subsection (3)(a) only if:
 (a) it is not practicable to put the evidential material in documentary form as mentioned in subsection (3)(b) or to transfer the evidential material as mentioned in subsection (3)(c); or
 (b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth, a State or a Territory.
 (6) If:
 (a) entry to the premises is under an enforcement warrant; and
 (b) the marine safety inspector, in the course of searching for the kind of evidential material specified in the warrant, finds a thing that the inspector believes on reasonable grounds to be other evidential material; and
 (c) the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;
then the enforcement powers include seizing the thing.