49Securing equipment to obtain expert assistance

49 Securing equipment to obtain expert assistance

(1) This section applies if an inspector enters an investigation area under an investigation warrant to search for evidential material. Securing equipment (2) The investigation powers include the power to secure any equipment that is in the investigation area if the inspector reasonably suspects that: (a) there is evidential material of the kind specified in the warrant in the investigation area; and (b) the evidential material may be accessible by operating the equipment; and (c) expert assistance is required to operate the equipment; and (d) the evidential material may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection. The equipment may be secured by locking it up, placing a guard or any other means.

Note: See section 51 for the offence relating to interfering with the securing of, or secured, equipment.

(3) The inspector must give notice to a relevant person in relation to the investigation area of: (a) the inspector’s intention to secure the equipment; and (b) the fact that the equipment may be secured for up to 72 hours. Period equipment may be secured (4) The equipment may be secured until the earlier of the following happens: (a) the 72‑hour period ends; (b) the equipment has been operated by the expert.

Note 1: The period for which equipment may be secured may be extended (see section 50).

Note 2: For compensation for damage to equipment, see section 96.