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CRIMES ACT 1958 - SECT 465AAAAC

Police officer may arrange for expert to operate electronic equipment at premises being searched

    (1)     This section applies to a police officer executing a warrant issued under section 465 in relation to warrant premises who believes on reasonable grounds that—

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

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

        (c)     if the police officer does not take action under this section, the material may be destroyed, altered or otherwise interfered with.

    (2)     Subject to subsections (4), (5) and (6), the police officer may—

        (a)     do whatever is necessary to secure the electronic equipment at the warrant premises, including—

              (i)     locking the equipment in a secure room; and

              (ii)     guarding or placing a guard at the equipment; and

        (b)     arrange for an expert to attend and operate the equipment.

    (3)     The police officer must notify the occupier of the warrant premises of—

        (a)     the police officer's intention to secure the electronic equipment; and

        (b)     the periods that electronic equipment may be secured under subsections (5) and (6).

    (4)     In securing electronic equipment under subsection (2), a police officer must cause the least disruption and inconvenience to the occupier of the warrant premises as is reasonably practicable in the circumstances.

    (5)     Subject to subsection (6), the electronic equipment may be secured for a period not exceeding 24 hours.

    (6)     If an expert attends within the period referred to in subsection (5), the electronic equipment may be secured for—

        (a)     an additional period ending when the expert finishes operating the equipment or 24 hours after the expert arrives (whichever occurs first); or

        (b)     if the Magistrates' Court extends the period under section 465AAAAE(1) , the period as so extended.

S. 465AAAAD inserted by No. 44/2022 s. 74.



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