Subdiv 7Other provisions regarding inspections and searches

Subdivision 7—Other provisions regarding inspections and searches 41C—Use of assistants and equipment (1) An authorised officer may exercise powers under this Division with the aid of such assistants and equipment as the officer considers reasonably necessary in the circumstances. (2) Powers that may be exercised by an authorised officer under this Division may be exercised by an assistant authorised and supervised by the officer, but only if the officer considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant. 41D—Use of equipment to examine or process things (1) Without limiting section 41C, an authorised officer exercising a power under this Division may bring to, or onto, a vehicle or premises any equipment reasonably necessary for the examination or processing of things found in, on or at the vehicle or premises in order to determine whether they are things that may be seized. (2) If— (a) it is not practicable to examine or process the things at the vehicle or premises; or (b) the occupier of the vehicle or premises consents in writing, the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized. (3) The officer, or a person assisting the officer, may operate equipment already in, on or at the vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that— (a) the equipment is suitable for the examination or the processing; and (b) the examination or processing can be carried out without damage to the equipment or the thing. 41E—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 authorised officer concerned believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether a relevant law has been contravened, the officer or a person assisting the officer may operate the equipment to access the information. (2) If the officer or a person assisting the officer finds that a disk, tape or other storage device in, on or at the vehicle or premises contains information of a kind referred to in subsection (1)(c), the officer 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 or to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed. (3) An officer or a person assisting an officer must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.