228OSeizure of things not mentioned in the warrant

228O Seizure of things not mentioned in the warrant (1) A search warrant issued under section 228M(2) authorises an authorised person named in the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if— (a) the authorised person believes on reasonable grounds that the thing— (i) is of a kind which could have been included in a search warrant issued under section 228M(2); and (ii) will afford evidence about a contravention of this Act or the regulations; and (b) in the case of the seizure of a thing, the authorised person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act. S. 228O(2) inserted by No. 46/2018 s. 69. (2) If a thing seized or sampled by an authorised person under subsection (1) is a building product or material, the authorised person may— (a) conduct, in accordance with the regulations (if any), destructive testing on the building product or material; or (b) arrange, in accordance with the regulations (if any), for destructive testing to be conducted on the building product or material by a prescribed testing authority. S. 228P inserted by No. 21/2017 s. 46. 228P Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device (1) This section applies if a magistrate is satisfied by evidence, on oath or by affidavit, that there are reasonable grounds to believe that there is information in digital or electronic format connected with a contravention of this Act or the regulations that is accessible from a particular building or land. (2) Subject to subsection (3), a warrant issued by the magistrate under section 228M(2) may authorise the authorised person named in the warrant to require a person to provide any information or assistance that is reasonable and necessary to allow the authorised person or another person to do one or more of the following things— (a) access information held in, or accessible from, any computer or other electronic device located on the premises; (b) download or make an electronic copy of that information; (c) make or produce a physical copy of that information. (3) The authorised person may require a person to provide the information or assistance referred to in subsection (2) if the person— (a) is one of the following— (i) the person alleged to have contravened this Act or the regulations; (ii) the owner or lessee of the computer or other electronic device; (iii) an employee of the owner or lessee of the computer or other electronic device; (iv) a person engaged under a contract for services by the owner or lessee of the computer or other electronic device; and (b) has relevant knowledge of— (i) the computer or other electronic device or a computer network of which the computer or device forms or formed part; or (ii) measures applied to protect information held in, or accessible from, the computer or other electronic device. S. 228Q inserted by No. 21/2017 s. 46.