158Form and content of search warrants

158 Form and content of search warrants (1) A search warrant issued under section 157(3) may authorise the inspector named in the warrant to enter premises specified in the warrant, if necessary by force, and do any of the following— (a) if the inspector believes on reasonable grounds that a thing, or thing of a particular kind, named or described in the warrant is connected with the alleged contravention— (i) search for the thing; (ii) seize the thing; (iii) secure the thing against interference; (iv) examine, inspect and take and keep samples of the thing; (b) in the case of any document, or document of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that the document is connected with the alleged contravention— (i) require the document to be produced for inspection; (ii) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; S. 158(1)(ba) inserted by No. 23/2016 s. 10(1). (ba) make an image of the hard drive of a computer, or a computer of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that information contained on the hard drive is connected with the alleged contravention; S. 158(1)(bb) inserted by No. 23/2016 s. 10(1). (bb) in the case of information in electronic or digital format described in the warrant that is accessible from the premises, if the inspector believes on reasonable grounds that the information is connected with the alleged contravention— (i) access the information via any computer or other electronic device located on the premises; (ii) download or make an electronic copy of that information; (iii) make or produce a physical copy of that information; S. 158(1)(c) amended by No. 23/2016 s. 10(2). (c) make any still or moving image, audio recording or audio-visual recording of any thing of a particular kind named or described in the warrant, if the inspector believes on reasonable grounds that it is connected with the alleged contravention. (2) A search warrant issued under section 157(3) may authorise, in addition to an inspector, any other person named or otherwise identified in the warrant to execute the warrant. (3) A search warrant issued under section 157(3) must state— (a) the purpose for which the search is required and the nature of the alleged contravention; and (b) any conditions to which the warrant is subject; and (c) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. (4) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants issued under section 157(3). S. 158A inserted by No. 23/2016 s. 11. 158A Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device S. 158A(1) amended by No. 6/2018 s. 68(Sch. 2 item 10.2). (1) This section applies if a magistrate is satisfied by evidence, on oath or by affirmation or affidavit, that there are reasonable grounds to believe that there is information in digital or electronic format connected with a contravention of this Act or the regulations that is accessible from particular premises. (2) Subject to subsection (3), a warrant issued by the magistrate under section 157(3) may authorise the inspector named in the warrant to require a person to provide any information or assistance that is reasonable and necessary to allow the inspector or another person to do one or more of the following things— (a) access information held in, or accessible from, any computer or other electronic device located on the premises; (b) download or make an electronic copy of that information; (c) make or produce a physical copy of that information. (3) The inspector may require a person to provide the information or assistance referred to in subsection (2) if the person— (a) is one of the following— (i) the person alleged to have contravened this Act or the regulations; (ii) the owner or lessee of the computer or other electronic device; (iii) an employee of the owner or lessee of the computer or electronic device; (iv) a person engaged under a contract for services by the owner or lessee of the computer or electronic device; and (b) has relevant knowledge of— (i) the computer or electronic device or a computer network of which the computer or device forms or formed part; or (ii) measures applied to protect information held in, or accessible from, the computer or electronic device.