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 75-25   OPERATING ELECTRONIC EQUIPMENT  

75-25(1)    
The monitoring powers include the power to:

(a)    operate electronic equipment on the premises; and

(b)    use 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.

75-25(2)    
The monitoring powers include the powers mentioned in subsection (3) if information ( relevant data ) is found in the exercise of the power under subsection (1) that is relevant to determining whether:

(a)    a provision subject to monitoring under this Division has been, or is being, complied with; or

(b)    information subject to monitoring under this Division is correct.

75-25(3)    
The powers are as follows:

(a)    the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises;

(b)    the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that:

(i) is brought to the premises for the exercise of the power; or

(ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

and remove the disk, tape or other storage device from the premises.

75-25(4)    
An ACNC officer may operate electronic equipment as mentioned in subsection (1) or (3) only if:

(a)    the ACNC officer believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment; and

(b)    the ACNC officer has reasonable grounds to suspect that:

(i) the equipment contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists; or

(ii) the disk, tape or other storage device contains data relevant to determining whether a circumstance described in paragraph (2)(a) or (b) exists.

Note: For compensation for damage to electronic equipment, see section 75-70 .