Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_232
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 232
Character Range: 114134–115939

232  Expert assistance to operate equipment at premises
 (1) If an authorised compliance officer enters premises under a warrant issued under this Subdivision and the officer believes on reasonable grounds that:
 (a) the following may be accessible by operating equipment at the premises:
 (i) in the case of a monitoring warrant—relevant information (within the meaning of subsection 231(3));
 (ii) in the case of an investigation warrant—evidential material; and
 (b) expert assistance is required to operate the equipment; and
 (c) if the authorised compliance officer does not take action under this subsection, the relevant information or evidential material may be destroyed, altered or otherwise interfered with;
the authorised compliance officer may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
 (2) The authorised compliance officer must give notice to the occupier of the premises of the officer's intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours.
 (3) The equipment may be secured:
 (a) for a period not exceeding 24 hours; or
 (b) until the equipment has been operated by the expert;
whichever happens first.
 (4) If the authorised compliance officer believes on reasonable grounds that the expert assistance will not be available within 24 hours, the officer may apply to the magistrate for an extension of that period.
 (5) The authorised compliance officer must give notice to the occupier of the premises of the officer's intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.
 (6) The 24‑hour period may be extended more than once.
Note: For the process by which a magistrate may extend the period, see section 232A.