47Seizure of property

#### 47 Seizure of property 47 Seizure of property > > (1) An authorised officer executing a search warrant under this Division may do one or more of the following— > > > > > (a) examine property or evidence seized in executing the search warrant (the property or evidence), > > > > > (b) inspect and test the property or evidence, > > > > > (c) for property or evidence that is a document—make copies of, and take extracts from, the document, > > > > > (d) for property or evidence that is, or that might reasonably be suspected of being, held in or accessible from, a computer—give a direction to a person to give the authorised officer— > > > > > > > (i) information or assistance that is reasonable and necessary to enable the officer to access data held in, or accessible from, the computer, or > > > > > > > (ii) information or assistance reasonably necessary to allow the officer to— > > > > > > > > > (A) copy data from the computer to another computer, or > > > > > > > > > (B) convert the data into documentary form or another form intelligible to a computer used by the officer. > > > (2) Without limiting subsection (1)(d), the authorised officer may require the person to provide assistance in accessing data on a computer secured by biometric means, including, for example, fingerprints or retina scans. > > > (3) A search warrant issued under this Division is taken to authorise the seizure of a document or thing that the authorised officer executing the search warrant reasonably believes— > > > > > (a) will afford evidence of a criminal offence, whether under the law of this State or the Commonwealth or another State or a Territory, and > > > > > (b) is necessary to seize to prevent the concealment, loss or destruction of the document or thing. > > > (4) Self-incrimination is not a reasonable excuse for refusing to comply with a direction given under subsection (1)(d). > > > (5) To avoid doubt— > > > > > (a) information provided by a specified person under subsection (1) to access data held in, or accessible from, a computer may be used only forthat purpose and no other purpose, and > > > > > (b) this section is subject to any other provision of this Act or another Act that provides for how a police officer may take particulars that are necessary to identify a person. > > > (6) In this section— > > > > computer means an electronic device for storing, processing or transferring information. > > **s 47:** Am 2005 No 32, Sch 1 \[43\]. Subst 2022 No 55, Sch 3\[22\].