# Monitoring powers of authorised officers

> act-s268CI — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

268CI Monitoring powers of authorised officers
          (1) For the purposes of this Subdivision, the following are the
              monitoring powers that an authorised officer may exercise in
              relation to premises under section 268CA:
                (a) to search the premises, and any receptacle on the premises,
                     for any thing on the premises belonging to or possessed by
                     the education provider that might be relevant to a visa
                     monitoring purpose;
                (b) to examine any such thing;
                (c) to examine any activity that is conducted on the premises by,
                     or with the consent of, the education provider that might be
                     relevant to a visa monitoring purpose;
                (d) to take photographs or make video or audio recordings or
                     sketches on the premises of any such activity or thing;
                (e) to inspect any document on the premises belonging to or
                     possessed by the education provider that might be relevant to
                     a visa monitoring purpose;
                 (f) to take extracts from or make copies of any such document;
                (g) to take onto the premises any equipment and materials that
                     the authorised officer requires for the purpose of exercising
                     powers in relation to the premises;
                (h) the powers in subsections (2), (3) and (5).
          (2) For the purposes of this Subdivision, the monitoring 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 information belonging to the education provider that is
              relevant to a visa monitoring purpose.
          (3) For the purposes of this Division, the monitoring powers include
              the following powers in relation to information described in









               subsection (2) that is found in the exercise of the power under that
               subsection:
                 (a) to operate facilities that are on the premises to put the
                     information in documentary form and remove the documents
                     so produced;
                (b) to operate such facilities 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 on the premises and the use of which for that purpose
                           has been agreed to in writing by the education provider
                           or occupier (as appropriate);
                 (c) 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).
          (4) The powers mentioned in subsections (2) and (3) must be exercised
              in accordance with sections 268CO, 268CP and 268CQ.
          (5) If an authorised officer, 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 or the
              regulations, the Crimes Act 1914 or the Criminal Code, the
              monitoring powers include securing the thing pending the
              obtaining of a warrant to seize it.