147Use or seizure of electronic equipment

147 Use or seizure of electronic equipment

(a) a thing found in, on or at a vehicle or premises is, or includes, a disk, tape or other device for the storage of information; and

(b) equipment in, on or at the vehicle or premises may be used with the disk, tape or other storage device; and

(c) the inspector believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether a relevant law or scheme has been contravened—

the inspector or a person assisting the inspector may operate the equipment to access the information.

(2) If the inspector or a person assisting the inspector finds that a disk, tape or other storage device in, on or at a vehicle or premises contains information of the kind referred to in subsection (1)(c), he or she may—

(a) put the information in documentary form and seize the documents so produced; or

(b) copy the information to another disk, tape or other storage device and remove that storage device from the vehicle or premises; or

(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3) An inspector or a person assisting an inspector must not operate or seize equipment for the purpose mentioned in this section unless the inspector or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

S. 148 inserted by No. 44/2003 s. 3.