Aged Care Act 2024

This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act.

If electronic equipment is moved from the premises to another place under subsection 436(2), the authorised person or a person assisting may operate the equipment to access data (including data held at another place).

If the authorised person or the person assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, the authorised person or the person assisting may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.

If the relevant chief executive is satisfied that the data is not required (or is no longer required) for the purposes of this Act or for other judicial or administrative review proceedings, the relevant chief executive must arrange for:

the removal of the data from any device in the control of the Commission or Department (as applicable); and

the destruction of any other reproduction of the data in the control of the Commission or Department (as applicable).

If the authorised person or the person assisting, after operating the equipment, finds that evidential material is accessible by doing so, the authorised person or the person assisting may:

seize the equipment and any disk, tape or other associated device; or

if the material can be put in documentary form—put the material in that form and seize the documents so produced.

An authorised person or a person assisting may seize equipment under paragraph (4)(a) only if:

it is not practicable to copy the data as mentioned in subsection (2) or to put the material in documentary form as mentioned in paragraph (4)(b); or

possession of the equipment by the occupier of the premises could constitute an offence.