Commonwealth Numbered Acts

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EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 142

Search powers of authorised employees
(1)
For the purposes of this Division, the following are the search powers that an authorised employee may exercise in relation to premises under section 141:

(a)
to search the premises , and any receptacle on the premises, for the evidential material;

(b)
to examine the evidential material;

(c)
to take photographs or make video or audio recordings or sketches on the premises of the evidential material;

(d)
to inspect any documentary evidential material;

(e)
to take extracts from or make copies of the evidential material;

(f)
to take onto the premises any equipment and materials that the authorised employee requires for the purpose of exercising powers in relation to the premises;

(g)
the powers in subsections (2), (3) and (5).

Operating equipment

(2)
For the purposes of this Division, the search powers include the power to operate equipment that is on the premises to see whether:

(a)
the equipment; or

(b)
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;
contains evidential material.

Removing disks etc. and documents

(3)
For the purposes of this Division, the search powers include the following powers in relation to the evidential material that is found in the exercise of the power under subsection (2):

(a)
to seize the equipment or any disk, tape or other associated storage device;

(b)
to operate facilities that are on the premises to put the material in documentary form and remove the documents so produced;

(c)
to operate such facilities to transfer the material 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 to in writing by the provider or occupier (as appropriate);
(d)
to remove from the premises a disk, tape or other storage device to which the evidential material has been transferred in exercise of the power under paragraph (c).

(4)
The powers mentioned in subsections (2) and (3) must be exercised in accordance with section 148.

(5)
An authorised employee may seize equipment under paragraph (3)(a) only if:

(a)
it is not practicable to put the material in documentary form as mentioned in paragraph (3)(b) or to copy the material as mentioned in paragraph (3)(c); or

(b)
possession by the occupier of the equipment could constitute an offence.

(6)
An authorised employee may seize equipment under paragraph (3)(a) or remove the documents under paragraph (3)(b) only if the employee entered the premises under a warrant.

Securing evidence of other offences

(7)
If an authorised employee, during a search of premises, reasonably believes that there is on the premises a thing that might afford evidence of the commission of an offence against this Act, the Crimes Act 1914 or the Criminal Code , then the search powers include securing the thing pending the obtaining of a warrant to seize it.

Note: Section 151 allows for things to be seized without a warrant in emergencies.

Subdivision B—Applying for search warrants


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