Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3ZZKD

Scope

  (1)   This section applies if a constable enters premises under a monitoring warrant.

Securing equipment

  (2)   The monitoring powers include the power to secure any electronic equipment that is on the premises if the constable suspects on reasonable grounds that:

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

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

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

  (d)   the relevant data may be destroyed, altered or otherwise interfered with, if the constable 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 constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:

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

  (b)   the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured

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

  (a)   the 24 - hour period ends;

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

Note:   For compensation for damage to electronic equipment, see section   3ZZNF.

Extensions

  (5)   The constable may apply to an issuing officer for an extension of the 24 - hour period if the constable believes on reasonable grounds that the equipment needs to be secured for longer than that period.

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

  (7)   The 24 - hour period may be extended more than once.

Note:   For the process by which an issuing officer may extend the period, see section   3ZZQA.