35Use of electronic equipment at premises

35 Use of electronic equipment at premises

(1) A member of the warrant team may operate electronic equipment located at the premises to see whether evidential material is accessible by doing so if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment. (2) If a member of the warrant team finds, after operating the equipment, that evidential material is accessible by doing so, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or (c) if the material can be transferred to a disk, tape or other storage device that: (i) is brought to the premises; or (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises; operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises. (3) A person may seize equipment under paragraph (2)(a) only if: (a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or (b) possession of the equipment by the occupier could constitute an offence against this Act. (4) If a member of the warrant team believes, on reasonable grounds, that: (a) evidential material may be accessible by operating electronic equipment at the premises; and (b) expert assistance is required to operate the equipment; and (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with; he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise. (5) The member of the warrant team must give notice to the occupier of the premises of his or her intention to secure the equipment and that the equipment may be secured for up to 24 hours. (6) The equipment may be secured: (a) for a period of no more than 24 hours; or (b) until the equipment has been operated by the expert; whichever happens first. (7) If a member of the warrant team believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate who issued the warrant for an extension of that period. (8) The member must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier may be heard in relation to the application. (9) The provisions of this Division relating to the issue of warrants apply, with any necessary modifications, to the issuing of an extension.