Child Wellbeing and Safety Act 2005
29GPowers after entry under warrant
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29G Powers after entry under warrant
(1) This section applies if an authorised officer enters any premises or place under a warrant issued under section 29E.
(2) The authorised officer may, subject to any condition of the warrant, do any of the following if the authorised officer considers it reasonably necessary for the purposes of executing the warrant—
(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;
(g) take into or onto the premises or place any person, equipment and materials;
(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;
(i) secure any electronic equipment that the authorised officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;
(j) any other thing the authorised officer considers reasonably necessary.
(3) The authorised officer may, subject to any condition of the warrant, require a person to do any of the following if the authorised officer considers it reasonably necessary for the purposes of executing the warrant—
(a) produce a document or part of a document located at the premises or place that is under that person's possession or control;
(b) disclose any information that the authorised officer reasonably believes the person has that relates to whether—
(i) a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or
(ii) a person or body is an entity that is required to comply with the Child Safe Standards;
(c) provide the authorised officer with any reasonable assistance;
(d) operate any equipment at the premises or place to enable the authorised officer to access information stored on the equipment;
(e) comply with any lawful direction, whether written or oral, of the authorised officer.
(4) If an authorised officer requires a person to do any thing under subsection (3), the authorised officer must—
(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and
(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and
(5) Subject to any condition of the warrant, if the authorised officer secures any electronic equipment under subsection (2)(i), that equipment may be secured—
(a) subject to subsection (6), until the earlier of the following—