Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 111

Monitoring powers of authorised officers

  (1)   For the purposes of this Part, the following are the monitoring powers that an authorised officer may exercise in relation to premises under section   110:

  (a)   the power to search the premises for any thing on the premises that may relate to the creation or transfer of certificates or relevant acquisitions of electricity;

  (b)   the power to examine any activity conducted on the premises that may relate to information provided for the purposes of this Act or the regulations;

  (c)   the power to examine any thing on the premises that may relate to information provided for the purposes of this Act or the regulations;

  (d)   the power to take photographs or make video or audio recordings or sketches on the premises of any such activity or thing;

  (e)   the power to inspect any document on the premises that may relate to information provided for the purposes of this Act or the regulations;

  (f)   the power to take extracts from, or make copies of, any such document;

  (g)   the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

  (h)   the power to secure a thing that:

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

  (ii)   an authorised officer believes on reasonable grounds affords evidence of the commission of an offence against this Act or the Crimes Act 1914 , or of the contravention of a civil penalty provision; and

  (iii)   the authorised officer believes on reasonable grounds would be lost, destroyed or tampered with before a warrant can be obtained;

    until a warrant is obtained to seize the thing;

  (i)   the powers in subsections   (2) and (3).

  (2)   For the purposes of this Part, monitoring powers include the power to operate equipment at premises to see whether:

  (a)   the equipment; or

  (b)   a disk, tape or other storage device that:

  (i)   is at the premises; and

  (ii)   can be used with the equipment or is associated with it;

contains information that is relevant to substantiating information provided under this Act or the regulations.

  (3)   For the purposes of this Part, monitoring powers include the following powers in relation to information described in subsection   (2) found in the exercise of the power under that subsection:

  (a)   the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;

  (b)   the power to operate facilities 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 in writing by the occupier of the premises;

  (c)   the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph   (b).


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback