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-D - Obligations and incidental powers of ACNC officers  

SECTION 75-65   EXPERT ASSISTANCE TO OPERATE ELECTRONIC EQUIPMENT  

75-65(1)    
This section applies if an ACNC officer enters premises (whether under a monitoring warrant or by consent of the occupier).

Securing equipment

75-65(2)    
The ACNC officer may secure any electronic equipment that is on the premises if the ACNC officer suspects on reasonable grounds that:

(a)    there is relevant data on the premises; and

(b)    the relevant data may be accessible by operating the equipment; and

(c)    expert assistance is required to operate the equipment; and

(d)    the relevant data may be destroyed, altered or otherwise interfered with, if the ACNC officer does not take action under this subsection.

The equipment may be secured by locking it up, placing a guard or any other means.

75-65(3)    

Relevant data
means information relevant to determining whether:

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

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

75-65(4)    
The ACNC officer must give notice to the occupier of the premises, or an individual who apparently represents the occupier, of:

(a)    the ACNC officer ' s intention to secure the equipment; and

(b)    the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured

75-65(5)    
The equipment may be secured until the earlier of the following happens:

(a)    the 24-hour period ends;

(b)    the equipment has been operated by the expert.

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

Extensions

75-65(6)    
The ACNC officer may apply to an issuing officer for an extension of the 24-hour period up to a specified time if the ACNC officer suspects on reasonable grounds that the equipment needs to be secured for longer than that period.

75-65(7)    
Before making the application, 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.

75-65(8)    
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 destruction, alteration or interference with the relevant data.

75-65(9)    
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.

75-65(10)    
The period may be extended more than once.