FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 3 - MONITORING WARRANTS  

SECTION 28 (Repealed by 74 of 2006)   MONITORING POWERS  

28(1)
In this Division, monitoring powers , in relation to a monitoring warrant, means:

(a) in relation to particular warrant premises - the following powers:

(i) to search the premises; and

(ii) to take photographs (including video recordings) of the premises or any thing at the premises that the executing officer or person assisting that officer believes on reasonable grounds to be evidential material; and

(iii) to inspect, examine and take samples of, any fuel or other substance on the premises; and

(iv) to examine anything on or in the premises where fuel is stored or consumed, (for example, machinery on the premises); and

(v) to take extracts from, or make copies of, any fuel record, or any other document apparently relating to fuel, that is found on the premises; and

(vi) to take onto the premises any equipment or material reasonably necessary for the purpose of exercising a power under subparagraph (i), (ii), (iii), (iv) or (v); and

(b) in relation to any fuel record, or any other document apparently relating to fuel, that is found on the premises - the powers described in subsections (2) and (3); and

(c) in relation to any thing found on the premises during the execution of the warrant that the executing officer or a person assisting that officer believes on reasonable grounds to be evidential material in relation to the commission of an offence against this Act - the power to seize the thing if the officer or person assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act.

28(2)
The executing officer or a person assisting that officer has power to operate equipment on the warrant premises to see 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 or is associated with the equipment;

contains information that is relevant to determining whether the Act has been, or is being, complied with.

28(3)
If the executing officer, or a person assisting that officer, after operating equipment at the premises, finds that the equipment, or that a disk, tape or other storage device on the premises, contains such information, he or she has power:

(a) to operate the equipment or other facilities to put the information in documentary form and copy the documents so produced; or

(b) if the information can be transferred to a disk, tape 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;

to operate the equipment or other facilities to copy the information to the storage device and remove the storage device from the premises.