Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:1_8zga
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 1 cl 8ZGA
Character Range: 32236–33946

8ZGA  Use of electronic equipment at other place
 (1) If electronic equipment found at the warrant premises is moved to another place under subsection 8ZF(2), the authorised officer or an officer assisting may operate the equipment to access data (including data held at another place).
 (2) If the authorised officer or officer assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.
 (3) If the Chief Executive Medicare is satisfied that:
 (a) the reason for the copying of the data no longer exists; or
 (b) a decision has been made not to use the data in evidence;
the Chief Executive Medicare must arrange for:
 (c) the removal of the data from any device in the control of a Departmental employee; and
 (d) the destruction of any other reproduction of the data in the control of a Departmental employee.
 (4) If the authorised officer or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:
 (a) seize the equipment and any disk, tape or other associated device; or
 (b) if the material can be put in documentary form—put the material in that form and seize the documents so produced.
 (5) An authorised officer or officer assisting may seize equipment under paragraph (4)(a) only if:
 (a) it is not practicable to copy the data as mentioned in subsection (2) or to put the material in documentary form as mentioned in paragraph (4)(b); or
 (b) possession by the occupier of the equipment could constitute an offence.