Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p17
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 42033–44793

that the equipment, or that a disk, tape or other storage device at the premises, contains the information, he or she may:

  (a) seize the equipment or the disk, tape or other storage device; or

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

     (c) if the information 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 information to the storage device and remove the storage device from the premises.

"(4) An authorised officer may seize equipment under paragraph (3)(a) only if:

    (a) it is not practicable to put the information in documentary form as mentioned in paragraph (3)(b) or to copy the information as mentioned in paragraph (3)(c); or

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

  "(5) If, in the course of searching for a particular thing:

     (a) an authorised officer finds a thing that he or she believes, on reasonable grounds to be another thing that will afford evidence as to the commission of an offence against this Act; and

     (b) he or she believes on reasonable grounds, that it is necessary to seize that thing:

        (i) in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence against this Act; and

        (ii) without the authority of a warrant under section 34E because the circumstances are so serious and urgent;

he or she may seize that thing.

"(6) The authorised officer must leave the premises if the occupier asks the authorised officer to do so.

Offence-related warrants

"34E.(1) An authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises.

"(2) Subject to subsection (3), a magistrate may issue the warrant if satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is on the premises a particular thing, including information, that may afford evidence of the commission of an offence against this Act.

"(3) A magistrate must not issue the warrant unless the authorised officer or someone else has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

  "(4) The warrant must:

    (a) authorise any authorised officer named