165Securing electronic equipment

165 Securing electronic equipment (1) This section applies if the inspector or a person assisting believes, on (a) something to which the warrant relates (the material) may be accessible by operating electronic equipment at the premises; and (b) expert assistance is required to operate the equipment; and (c) the material may be destroyed, altered or otherwise interfered with if the inspector or person does not take action.

(2) The inspector or person may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise. (3) The inspector or a person assisting must give written notice to a person in charge of the premises of— (a) the inspector’s or person’s intention to secure the equipment; and (b) the fact that the equipment may be secured for up to 24 hours. (4) The equipment may be secured until the earlier of the following events happens: (a) the end of the 24-hour period; (b) the equipment is operated by the expert. (5) If the inspector or a person assisting believes on reasonable grounds that the expert assistance will not be available within the 24-hour period, the inspector or person may apply to a magistrate to extend the period. (6) The inspector or a person assisting must tell a person in charge of the premises of the intention to apply for an extension, and the person is entitled to be heard on the application. (7) The provisions of this chapter relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.