122Use of equipment to examine or process things

#### 122 Use of equipment to examine or process things (1) The authorised officer executing the search warrant or an assisting officer may bring to the premises any equipment (including electronic equipment) reasonably necessary to examine or process things found at the premises in order to determine whether they are things that may be seized under the warrant. (2) A thing found at the premises may be moved to another place for examination or processing in order to determine whether it may be seized under a warrant if: (a) both of the following apply: (i) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; (ii) there are reasonable grounds to believe that the thing contains or constitutes evidential material; or (b) the occupier of the premises consents in writing. (3) If things are moved to another place for the purpose of examination or processing, the authorised officer must, if it is practicable to do so: (a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and (b) allow the occupier or his or her representative to be present during the examination or processing. (4) The thing may be moved to another place for examination or processing for no longer than 72 hours. (5) An authorised officer may apply to an issuing officer for one or more extensions of that time if the authorised officer believes on reasonable grounds that the thing cannot be examined or processed within 72 hours or that time as previously extended. (6) The authorised officer must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard in relation to the application. (7) The authorised officer executing the search warrant or an assisting officer may operate equipment (including electronic equipment) already on the premises to examine or process a thing found on the premises in order to determine whether it may be seized under the warrant, if the authorised officer or the assisting officer believes on reasonable grounds that: (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried out without damaging the equipment or thing. (8) A notice of the application given to the occupier of the premises is not a legislative instrument.