Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 75 - Monitoring  

Subdivision 75-C - Monitoring powers  

SECTION 75-30   SECURING EVIDENCE OF THE CONTRAVENTION OF A PROVISION SUBJECT TO MONITORING  

75-30(1)    
This section applies if an ACNC officer enters premises (whether under a monitoring warrant or by consent of the occupier) for either or both of the following purposes:

(a)    determining whether a provision subject to monitoring has been, or is being, complied with;

(b)    determining whether information subject to monitoring is correct.

75-30(2)    
The monitoring powers include the power to secure a thing for a period not exceeding 24 hours if:

(a)    the thing is found during the exercise of monitoring powers on the premises; and

(b)    an ACNC officer believes on reasonable grounds that:

(i) a provision subject to monitoring has been contravened with respect to the thing; or

(ii) the thing affords evidence of the contravention of a provision subject to monitoring; or

(iii) the thing is intended to be used for the purpose of contravening a provision subject to monitoring; and

(c)    the ACNC officer suspects on reasonable grounds that:

(i) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

(ii) it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.

75-30(3)    
If an ACNC officer suspects on reasonable grounds that the thing needs to be secured for more than 24 hours, the ACNC officer may apply to an issuing officer for an extension of that period up to a specified time.

75-30(4)    
The ACNC officer must give notice to the occupier of the premises, or an individual who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or individual is entitled to be heard in relation to that application.

75-30(5)    
The issuing officer may issue the extension if he or she is satisfied, by information on oath or affirmation, that it is necessary to do so in order to prevent the thing from being concealed, lost or destroyed before a warrant to seize the thing is obtained.

75-30(6)    
The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.

75-30(7)    
The period may be extended more than once.