Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 200

    (1)     The executing officer or an assisting officer may operate electronic equipment at warrant premises to see whether evidential material is accessible by doing so if the officer believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

    (2)     If the executing officer or an assisting officer, after operating the equipment, finds that evidential material is accessible by doing so, the officer may—

        (a)     seize the equipment and any disk, tape or other associated device; or

        (b)     if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or

        (c)     if the material can be transferred to a disk, tape or other storage device that—

              (i)     is brought to the premises; or

              (ii)     is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

    (3)     Equipment may only be seized under subsection (2) (a) if—

        (a)     it is not practicable to put the material in documentary form under subsection (2) (b) or to copy the material under subsection (2) (c); or

        (b)     possession by the occupier of the equipment could constitute an offence.

    (4)     If the executing officer or an assisting officer believes on reasonable grounds that—

        (a)     evidential material may be accessible by operating electronic equipment at the premises; and

        (b)     expert assistance is required to operate the equipment; and

        (c)     if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

    (5)     The executing officer or an assisting officer shall give notice to the occupier of the premises of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours.

    (6)     The equipment may be secured—

        (a)     for a period not exceeding 24 hours; or

        (b)     until the equipment has been operated by the expert;

whichever happens first.

    (7)     If the executing officer or assisting officer believes on reasonable grounds that expert assistance will not be available within 24 hours, he or she may apply to the issuing officer for an extension of that period.

    (8)     The executing officer or assisting officer shall give notice to the occupier of the premises—

        (a)     that the executing officer or assisting officer intends to apply for an extension under subsection (7); and

        (b)     that the occupier is entitled to be heard in relation to the application.

    (9)     The occupier is entitled to be heard in relation to an application under subsection (7).

    (10)     This division applies to the issuing of an extension on an application under subsection (7) in the same way as it applies to the issue of a warrant, with necessary changes.