126Power to secure electronic equipment

126 Power to secure electronic equipment

(1) If an authorised officer or independent investigator, during a search under this Part or in accordance with a warrant, believes on reasonable grounds that equipment referred to in section 125 may be destroyed, altered or otherwise interfered with if not secured, the authorised officer or independent investigator may secure the equipment for the purposes of obtaining expert assistance to operate it under section 125(1).

(2) Subject to subsections (3) and (5), the equipment may be secured for a period of no more than 24 hours.

(3) The occupier of the premises at which the equipment is secured under subsection (1) may consent in writing to the equipment being secured for a period longer than 24 hours.

(4) The authorised officer or independent investigator may apply to a magistrate for an extension of the period for which the equipment may be secured.

(5) A magistrate may extend the period for which the equipment may be secured if satisfied that it is necessary to do so to enable an expert to operate the equipment.

(6) An order under subsection (5) may be made more than once.

Division 4—Seized documents or things