242Construction of powers of search, seizure and related powers

242 Construction of powers of search, seizure and related powers

242 Construction of powers of search, seizure and related powers

(1) A power conferred by this Part to search for a thing includes a power to examine or inspect the thing and to take photographs and video recordings of the thing and, in the case of a record, a power to make a copy of the record.

(2) A power conferred by this Part to seize a thing includes—

(a) a power to remove the thing from the place where it is found, and

(b) a power to guard the thing in or on that place or to secure the thing from interference.

(3) A power conferred by this Part to search for a record includes a power to search for an electronic recording device.

(4) A power conferred by this Part to require a record to be produced includes a power to require an electronic recording device to be produced.

(5) However, a power conferred by this Part to take away a record merely for the purpose of making a copy of the record does not extend to electronic recording devices.

Note.

However, under section 264 a fisheries officer is permitted to seize anything that is connected with a fisheries offence.

(6) In this section—

electronic recording device means a computer or other electronic device used or capable of being used for the keeping or transmission of records under this Act.

s 242: Am 2012 No 31, Sch 2 [11]; 2015 No 59, Sch 1 [128].