Document ID: chunk:federal_register_of_legislation:C2024C00627:section:41:p1
Version: federal_register_of_legislation:C2024C00627
Segment Type: section
Provision Reference: s 41 (pt 1/2)
Character Range: 52780–55478

41  Monitoring powers—with consent or with warrant

General powers
 (1) For the purposes of this Part, the following are the monitoring powers that an inspector may exercise in relation to premises under paragraph 40(1)(a):
 (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 fuel or fuel additive 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 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) to secure a thing, until an enforcement warrant is obtained to seize it:
 (i) that the inspector finds during the exercise of monitoring powers on the premises; and
 (ii) that the inspector believes on reasonable grounds is evidential material; and
 (iii) that the inspector believes on reasonable grounds would be lost, destroyed or tampered with before the warrant can be obtained;
 (h) the powers in subsections (2) and (3).
Note: See also Division 7A (about the dealing with samples taken by an inspector and the evidentiary value of certificates containing information about the analysis of such samples).

Operation of equipment
 (2) For the purposes of this Part, the monitoring powers include the power to operate equipment at premises to find out whether:
 (a) the equipment; or
 (b) a disk, tape or other storage device that is at the premises and can be used with the equipment or is associated with it;
contains information that is relevant to:
 (c) determining whether there has been compliance with this Act; or
 (d) assessing the correctness of information provided under this Act.

Removing documents and disks etc.
 (3) For the purposes of this Part, if the inspector, after operating the equipment, finds that the equipment, or that a disk, tape or other storage device at the premises, contains such information, the monitoring powers include the following powers:
 (a) to operate facilities at the premises to put the information in documentary form and remove the documents so produced;
 (b) to operate facilities 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;
  and remove the disk, tape or other storage device