34JUse of expert assistance in executing warrants

##### 34J Use of expert assistance in executing warrants (1) If the authorised officer named in a warrant issued under section 34E believes on reasonable grounds that: (a) evidential material may be accessible by operating electronic equipment at the premises to which the warrant relates; 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. (2) The authorised officer 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. (3) 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 happens first. (4) If the authorised officer 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 that period. (5) The authorised officer 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 the application. (6) The provisions of section 34E relating to the issue of a warrant apply, with such modifications as are necessary, to the issuing of an extension.