Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_53:p1
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 53 (pt 1/2)
Character Range: 28184–30918

53  Enforcement powers of inspectors

General powers
 (1) The following are the enforcement powers that an inspector may exercise in relation to premises under section 52:
 (a) to search the premises and any thing on the premises for the evidential material;
 (b) to inspect, examine, take measurements of, conduct tests on, or take samples of the evidential material;
 (c) to take photographs, make video or audio recordings or make sketches of the premises or the evidential material;
 (d) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;
 (e) the powers in subsections (2), (3), (4), (8) and (9).

Power to seize
 (2) If the entry is under an enforcement warrant, the enforcement powers include the power to seize the evidential material if the inspector finds it on the premises.
Note: For enforcement warrants, see sections 55E and 55F.

Operation of equipment
 (3) The enforcement powers include the power to operate electronic equipment at premises to find out whether:
 (a) the equipment; or
 (b) a disk, tape or other storage device that:
 (i) is on the premises; and
 (ii) can be used with the equipment or is associated with it;
contains evidential material.

Removing documents and disks etc.
 (4) The enforcement powers include the following powers in relation to evidential material found in the exercise of the power under subsection (3):
 (a) to seize the equipment and any disk, tape or other associated device;
 (b) to operate electronic equipment at the premises to put the information in documentary form and seize the documents so produced;
 (c) to operate electronic equipment 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, or another person who apparently represents the occupier;
  and remove the disk, tape or other storage device from the premises.

How powers to be exercised
 (5) An inspector must not operate electronic equipment as mentioned in subsection (3) or (4) unless he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Seizing equipment
 (6) An inspector must not seize equipment under paragraph (4)(a) unless:
 (a) it is not practicable to put the material in documentary form as mentioned in paragraph (4)(b) or to transfer the material as mentioned in paragraph (4)(c); or
 (b) possession by the occupier of the equipment could constitute an offence against a law of the Commonwealth.