38NUse of electronic equipment at premises

#### 38N Use of electronic equipment at premises (1) The executing officer of a warrant in relation to premises or an officer assisting may operate electronic equipment at the premises to see whether evidential material is accessible by doing so, if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damaging the equipment. (2) If the executing officer or officer assisting finds that evidential material is accessible by operating the equipment, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material can be put in a documentary form by using facilities at the premises—operate those facilities to put the material in that form and seize the documents so produced; or (c) if the material can be transferred to a disk, tape or other storage device: (i) that is brought to the premises; or (ii) that 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 material to the storage device and take the storage device from the premises. (3) Equipment may be seized under paragraph (2)(a) only if: (a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or (b) possession by the occupier of the equipment could constitute an offence against an Australian law. (4) If the executing officer or officer assisting believes on reasonable grounds that: (a) evidential material may be accessible by operating electronic equipment at the premises; and (b) expert assistance is required to operate the equipment; and (c) the material may be destroyed, altered or otherwise interfered with if he or she does not take action under this subsection; he or she may do whatever is necessary to secure the equipment, including locking it up or placing it under guard. (5) The equipment may be secured: (a) for up to 24 hours; or (b) until the equipment has been operated by the expert; whichever happens first. (6) The executing officer or officer assisting must give to the occupier of the premises notice of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours. (7) If the executing officer or officer assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the Magistrate or eligible Judge who issued the warrant for an extension of that period. (8) The executing officer or officer 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 the application. (9) Division 2 applies, with such modifications as are necessary, to the issuing of an extension.