34Use of electronic equipment in exercising monitoring powers

34 Use of electronic equipment in exercising monitoring powers

(1) An authorised officer or a person assisting that officer may operate electronic equipment already at premises in order to exercise monitoring powers 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 the authorised officer or a person assisting believes, on reasonable grounds, that: (a) there is on the premises material relating to information supplied under this Act that may be accessible by operating electronic equipment on 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. (3) The authorised officer or a person assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours. (4) The equipment may be secured: (a) for a period not exceeding 24 hours; or (b) until the equipment has been operated by the expert; whichever first happens. (5) If an authorised officer or a person assisting believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period. (6) The magistrate may extend the period of time, up to a maximum of a further 48 hours. (7) The authorised officer or a person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension and the occupier is entitled to be heard in relation to that application. (8) The provisions of this Part relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension. (9) In this section:

premises means:

(a) premises that an authorised officer has entered, and remains on, with the consent of the occupier; and
(b) warrant premises.