Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 116P

    (1)     An executing officer or an assisting officer may operate electronic equipment at the premises to access data (including data not held at the premises) if the officer believes on reasonable grounds that—

        (a)     the data may assist the officer in verifying—

              (i)     the registrable offender's personal details; or

              (ii)     if the offender is subject to an order under chapter 5A (Orders prohibiting offender conduct)—whether the offender has breached, or is likely to breach, the order; and

        (b)     the equipment can be operated without damaging it.

    (2)     If the executing officer or assisting officer believes that any data accessed by operating the electronic equipment may assist the officer under subsection (1) (a), the officer may—

        (a)     copy the data to a storage device brought to the premises; or

        (b)     if the occupier of the premises agrees in writing—copy the data to a data storage device at the premises.

    (3)     The executing officer or assisting officer may take the device from the premises.

    (4)     The executing officer or assisting officer may do the following things if the officer finds that any material that may assist the officer under subsection (1) (a) is accessible using the equipment:

        (a)     seize the equipment and any data storage device;

        (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 produced.

    (5)     A police officer may seize equipment under subsection (4) (a) only if—

        (a)     it is not practicable to copy the data as mentioned in subsection (2) or put the material in documentary form as mentioned in subsection (4) (b); or

        (b)     possession of the equipment or material could be an offence.