CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 241 Expert assistance to operate electronic equipment

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 241

             (1)  This section applies to premises to which a monitoring warrant relates.

Securing equipment

             (2)  If an inspector believes on reasonable grounds that:

                     (a)  there is on the premises information that is relevant to:

                              (i)  determining whether this Act or the associated provisions have been, or are being, complied with; or

                             (ii)  substantiating information provided under this Act or the associated provisions;

                            and that may be accessible by operating electronic equipment on the premises; and

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

                     (c)  if he or she does not take action under this subsection, the information may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or other means.

             (3)  The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured

             (4)  The equipment may be secured:

                     (a)  until the 24 hour period ends; or

                     (b)  until the equipment has been operated by the expert;

whichever happens first.

Extensions

             (5)  If an inspector believes on reasonable grounds that the equipment needs to be secured for more than 24 hours, he or she may apply to a magistrate for an extension of that period.

             (6)  The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

             (7)  The provisions of this Part relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.

             (8)  The 24 hour period:

                     (a)  may be extended more than once; and

                     (b)  must not be extended more than 3 times.