Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p16
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 16/27)
Character Range: 39693–42402

and

         (b) leave the premises for a period of more than one hour without the written consent of the occupier of the premises.

      (3) If:

(a) the execution of a search warrant is stopped by an order of a court; and

(b) the order is later revoked or reversed on appeal;

the execution of the warrant may be completed if the warrant is still in force.

38M Use of equipment to examine or process things

      (1) For the purpose of executing a warrant in relation to premises, the executing officer or an officer assisting may bring to the premises any equipment reasonably necessary to examine or process things found at the premises in order to determine whether the things may be seized under the warrant.

(2) If:

(a) it is not practicable to examine or process the things at the premises; or

(b) the occupier of the premises consents in writing;

      the things may be moved to another place so that the examination or processing can be carried out.

      (3) If things are moved to another place for the purpose of examination or processing, the executing officer must, if it is practicable to do so:

(a) inform the occupier of the premises of:

(i) the address of that place; and

             (ii) the day on which and the time at which the examination or processing will be carried out; and

         (b) allow the occupier or his or her representative to be present during the examination or processing.

      (4) The executing officer or officer assisting may operate equipment already at the premises to examine or process a thing found at the premises in order to determine whether it may be seized under the warrant, if the executing officer or officer assisting believes on reasonable grounds that:

(a) the equipment is suitable for the examination or processing; and

         (b) the examination or processing can be carried out without damaging the equipment or thing.

38N Use of electronic equipment at premises

      (1) The executing officer of a warrant in relation to premises or an officer assisting may operate electronic equipment at the premises to see whether evidential material is accessible by doing so, if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damaging the equipment.

      (2) If the executing officer or officer assisting finds that evidential material is accessible by operating the equipment, 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 a documentary form by using facilities at the premises—operate those facilities to put the material in that form and seize the documents so produced; or

(c)