49JUse of electronic equipment

49J Use of electronic equipment

(1) Without limiting section 49D, if—

(a) a thing found at searchable premises or on a searchable rolling stock, bus or vessel is, or includes, a disk, tape or other device for the storage, receipt or transmission of information; and

(b) the equipment at searchable premises or on a searchable rolling stock, bus or vessel, may be used with the disk, tape or other device—

the Chief Investigator, or a person assisting the Chief Investigator, may operate the equipment to access the information.

(2) If the Chief Investigator, or a person assisting the Chief Investigator, finds that a disk, tape, or other device for the storage, receipt or transmission of information at searchable premises or on a searchable rolling stock, bus or vessel contains information the Chief Investigator believes on reasonable grounds is relevant to an investigation into a public transport safety matter or marine safety matter, the Chief Investigator or person assisting the Chief Investigator 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 searchable premises or searchable rolling stock, bus or vessel; 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) The Chief Investigator, or a person assisting the Chief Investigator, must not operate or seize equipment for the purpose mentioned in this section unless the Chief Investigator or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

information has the same meaning as in the Electronic Transactions (Victoria) Act 2000.

S. 49K inserted by No. 25/2025 s. 70.