Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 268CP

Use of electronic equipment by experts

             (1)  This section applies if the authorised officer or a person assisting reasonably believes that:

                     (a)  there is on the premises information belonging to the education provider concerned:

                              (i)  that is relevant to a visa monitoring purpose; and

                             (ii)  that might be accessible by operating electronic equipment that is on the premises; and

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

                     (c)  if he or she does not take action under subsection (2), the information might be destroyed, altered or otherwise interfered with.

             (2)  The authorised officer or person assisting may do whatever is necessary to secure the equipment.

             (3)  Before doing so, the authorised officer or person assisting must give notice to the occupier of the premises of:

                     (a)  his or her intention to secure equipment; and

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

             (4)  The equipment may only be secured until the earlier of:

                     (a)  24 hours later; or

                     (b)  the equipment being operated by the expert.



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