Document ID: chunk:federal_register_of_legislation:C2004A01215:clause:1_547b:p1
Version: federal_register_of_legislation:C2004A01215
Segment Type: clause
Provision Reference: sch 1 cl 547B (pt 1/2)
Character Range: 24376–27033

547B  Monitoring powers

 (1) The monitoring powers that an inspector may exercise under paragraph 547A(1)(b) are as follows:
 (a) to search the premises;
 (b) to inspect and take photographs, or make sketches, of the premises or any substance or thing at the premises;
 (c) to inspect any document kept at the premises;
 (d) to remove, or make copies of, any such document;
 (e) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;
 (f) to secure a thing, until a warrant is obtained to seize it, if:
 (i) the inspector finds the thing during the exercise of powers on the premises; and
 (ii) the inspector believes on reasonable grounds that the thing is connected with a breach of the Spam Act 2003; and
 (iii) the inspector believes on reasonable grounds that the thing would be lost, destroyed or tampered with before the warrant can be obtained;
 (g) to secure a computer, until an order under section 547J is obtained in relation to it, if:
 (i) the inspector finds the computer during the exercise of powers on the premises; and
 (ii) there are reasonable grounds for suspecting that a thing connected with a breach of the Spam Act 2003 is held in, or is accessible from, the computer; and
 (iii) the inspector believes on reasonable grounds that the computer, or the thing mentioned in subparagraph (ii), would be lost, destroyed or tampered with before the order can be obtained.

 (2) The monitoring powers that an inspector may exercise under paragraph 547A(1)(b) include the power to operate equipment at premises to see whether:
 (a) the equipment; or
 (b) a disk, tape or other storage device that:
 (i) is at the premises; and
 (ii) can be used with the equipment or is associated with it;
contains information that is relevant to determining whether there has been compliance with the Spam Act 2003.

 (3) If the inspector, after operating equipment at the premises, finds that the equipment, or that a tape, disk or other storage device at the premises, contains information mentioned in subsection (2), the inspector may:
 (a) operate facilities at the premises to put the information in documentary form and copy the document so produced; or
 (b) if the information can be transferred to a tape, disk or other storage device that:
 (i) is brought to the premises; 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;
  operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.

Note: See