48Investigation powers

48 Investigation powers

General investigation powers (1) The following are the investigation powers that an inspector may exercise in relation to an investigation area under section 47: (a) if entry to the investigation area is with the consent of a relevant person in relation to the investigation area—the power to search the investigation area and any thing in the investigation area for the evidential material the inspector reasonably suspects may be in the investigation area; (b) if entry to the investigation area is under an investigation warrant: (i) the power to search the investigation area and any thing in the investigation area for the kind of evidential material specified in the warrant; and (ii) the power to seize evidential material of that kind if the inspector finds it in the investigation area; (c) the power to inspect, examine, take measurements of or conduct tests on evidential material referred to in paragraph (a) or (b); (d) the power to make any still or moving image or any recording (including a sound recording) of the investigation area, of any person or conversation in the investigation area, or of evidential material referred to in paragraph (a) or (b); (e) the power to take into the investigation area such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the investigation area; (f) the powers set out in subsections (2) and (3), 49(2) and 52(2). Powers relating to operating equipment (2) The investigation powers include the power to: (a) operate equipment in the investigation area; and (b) use a device that is in the investigation area and can be used with the equipment or is associated with it; to determine whether the equipment or the device is or contains evidential material. (3) The investigation powers include the following powers in relation to evidential material found in the exercise of the power under subsection (2): (a) if entry to the investigation area is under an investigation warrant—the power to seize the equipment and the device referred to in that subsection; (b) the power to operate equipment in the investigation area to put the evidential material in documentary form and remove the documents from the investigation area; (c) the power to operate equipment in the investigation area to transfer the evidential material to a device that: (i) is brought into the investigation area for the exercise of the power; or (ii) is in the investigation area and the use of which for that purpose has been agreed in writing by a relevant person in relation to the investigation area; and remove the device from the investigation area. (4) An inspector may operate equipment as mentioned in subsection (2) or (3) only if the inspector reasonably believes that the operation of the equipment can be carried out without damage to the equipment.

Note: For compensation for damage to equipment, see section 96.