Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EDD

  (1)   This section applies if an inspector enters premises under a warrant.

Securing equipment

  (2)   An inspector may do whatever is necessary to secure any electronic equipment that is on the premises if the inspector believes on reasonable grounds that:

  (a)   in the case of a monitoring warrant:

  (i)   there is relevant data on the premises; and

  (ii)   the relevant data may be accessible by operating the equipment; and

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

  (iv)   the relevant data may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection; and

  (b)   in the case of an investigation warrant:

  (i)   there is evidential material of the kind specified in the warrant on the premises; and

  (ii)   the evidential material may be accessible by operating the electronic equipment; and

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

  (iv)   the evidential material may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection.

The equipment may be secured by locking it up, placing a guard or any other means.

  (3)   The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:

  (a)   the inspector's intention to secure the equipment; and

  (b)   the fact that the equipment may be secured for up to 72 hours.

Period equipment may be secured

  (4)   The equipment may be secured until the earlier of the following happens:

  (a)   the 72 - hour period ends;

  (b)   the equipment has been operated by the expert.

Note:   For compensation for damage to electronic equipment, see section   69EDE.

Extensions

  (5)   The inspector may apply to a magistrate for an extension of the 72 - hour period, if the inspector believes on reasonable grounds that the equipment needs to be secured for a longer period.

  (6)   Before making the application, the inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of the inspector's intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

  (7)   The provisions of this Part relating to the issue of a warrant apply, with such modifications as are necessary, to the issue of an extension.

  (8)   The 72 - hour period may be extended more than once.