Document ID: chunk:federal_register_of_legislation:C2004A01381:clause:1_18c
Version: federal_register_of_legislation:C2004A01381
Segment Type: clause
Provision Reference: sch 1 cl 18C
Character Range: 11347–13289

18C  Operation of electronic equipment by experts

 (1) This section applies if:
 (a) an authorised officer has obtained access to premises for the purpose of monitoring compliance with the conditions of a grant; and
 (b) the officer believes on reasonable grounds that:
 (i) documents in electronic form, relevant to that monitoring, may be accessible by operating electronic equipment at the premises; and
 (ii) expert assistance is required to operate the equipment; and
 (iii) an authorised employee (the expert) of an authorised Commonwealth contractor accompanying the officer in relation to that monitoring has the expertise to operate the equipment.

Expert may operate equipment

 (2) The expert may operate the equipment to determine whether such documents are accessible. If they are, the expert may do only 1 of 2 things.

Produce documents in hard copy form

 (3) One thing the expert may do is operate the equipment or other facilities at the premises to put the documents in hard copy form.

Transfer documents to a disk, tape or other storage device

 (4) The other thing the expert may do is operate the equipment or other facilities at the premises to transfer the documents to a disk, tape or other storage device that:
 (a) is brought to the premises for the exercise of the power; or
 (b) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises.

Removal

 (5) The authorised officer may then remove the documents in hard copy form or remove the disk, tape or other storage device.

Section 70 of the Crimes Act 1914

 (6) For the purposes of the application of the definition of Commonwealth officer in subsection 3(1) of the Crimes Act 1914 to section 70 of that Act, an authorised employee of an authorised Commonwealth contractor who exercises a power referred to in this section is taken to be a person who performs services for the Commonwealth.