125Use or seizure of electronic equipment at premises

125 Use or seizure of electronic equipment at premises

(1) If an authorised officer or independent investigator, during a search under this Part or in accordance with a warrant—

(a) finds a thing at the premises that is or includes a disc, tape or other device for the storage of information; and

(b) there is at the premises equipment that may be used with the disc, tape or other storage device; and

(c) the authorised officer or independent investigator believes on reasonable grounds that information stored in the disc, tape or other storage device may be relevant to determine whether this Act has been complied with—

the authorised officer or independent investigator may operate, or may require the occupier of the premises or an employee of the occupier to operate, the equipment to access the information.

(2) If the authorised officer or independent investigator believes on reasonable grounds that a disc, tape or other storage device at the premises contains, stores or is otherwise used in the transmission of information that is relevant to determine whether this Act has been complied with, the authorised officer or independent investigator may—

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

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

(c) if it is not practicable to put the information in a documentary form or to copy the information, seize the disc, tape or other storage device and the equipment that enables the information to be accessed.

(3) An authorised officer or independent investigator must not operate or seize equipment for a purpose set out in this section unless the authorised officer or independent investigator believes on reasonable grounds that the operation can be carried out without damage to the equipment.