35PUse or seizure of electronic equipment at premises

35P Use or seizure of electronic equipment at premises

(1) If—

(a) a thing found at any premises under this Division is, or includes, a disk, tape or other device for the storage of information; and

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

(c) the licensing inspector or police officer believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to furthering the purpose of the licensing inspector's or police officer's inspection—

the licensing inspector or police officer, or a person assisting the licensing inspector or police officer, may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information.

(2) If the licensing inspector or police officer, or a person assisting the licensing inspector or police officer, finds that a disk, tape or other storage device at the premises contains information of the kind referred to in subsection (1)(c), the licensing inspector, police officer or person 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 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) A licensing inspector or police officer, or a person assisting a licensing inspector or police officer, must not operate or seize equipment for the purpose mentioned in this section unless the licensing inspector, police officer or person believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

S. 35Q inserted by No. 51/2024 s. 37.