34DOffence powers—entry and search of premises with occupier’s consent

##### 34D Offence powers—entry and search of premises with occupier’s consent (1) If: (a) an authorised officer has reasonable grounds for suspecting that there is on or in any premises a particular thing, including information, that may afford evidence of the commission of an offence against this Act; and (b) the occupier of the premises consents to the officer entering the premises; the officer may, after producing his or her identity card for inspection by the occupier: (c) enter the premises; and (d) search the premises for the thing; and (e) seize the thing; and (f) if the thing is or includes information in a written or electronic form—do the things set out in subsections (2), (3) and (4) in respect of the thing. (2) If the thing referred to in subsection (1) is or includes information in a written or electronic form, an authorised officer may operate equipment at the premises to see whether: (a) the equipment; or (b) a disk, tape or other storage device that: (i) is at the premises; and (ii) can be used with or is associated with the equipment; contains the information. (3) If an authorised officer, after operating equipment at the premises, finds that the equipment, or that a disk, tape or other storage device at the premises, contains the information, he or she may: (a) seize the equipment or the disk, tape or other storage device; or (b) if the information can, by using facilities at the premises, be put in documentary form—operate the facilities to put the information in that form and seize the documents so produced; or (c) if the information 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 information to the storage device and remove the storage device from the premises. (4) An authorised officer may seize equipment under paragraph (3)(a) only if: (a) it is not practicable to put the information in documentary form as mentioned in paragraph (3)(b) or to copy the information as mentioned in paragraph (3)(c); or (b) possession of the equipment by the occupier of the premises could constitute an offence. (5) If, in the course of searching for a particular thing: (a) an authorised officer finds a thing that he or she believes, on reasonable grounds to be another thing that will afford evidence as to the commission of an offence against this Act; and (b) he or she believes on reasonable grounds, that it is necessary to seize that thing: (i) in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence against this Act; and (ii) without the authority of a warrant under section 34E because the circumstances are so serious and urgent; he or she may seize that thing. (6) The authorised officer must leave the premises if the occupier asks the authorised officer to do so.