Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p18
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 18/27)
Character Range: 44639–47329

electronic equipment

(1) If:

         (a) damage is caused to equipment as a result of its being operated as mentioned in section 38M or 38N; and

(b) the damage was caused as a result of:

            (i) a lack of reasonable care in selecting the person who was to operate the equipment; or

(ii) a lack of reasonable care on the part of the person operating the equipment;

      compensation for the damage is payable to the owner of the equipment.

(2) Compensation is payable out of money appropriated by the Parliament for the purpose.

      (3) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises or his or her employees or agents could have provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances but failed to do so.

38P Copies of seized things to be provided

      (1) Subject to subsection (2), if an executing officer or officer assisting seizes, under a warrant in relation to premises:

(a) a document, film, computer file or other thing that can be readily copied; or

(b) a storage device the information in which can be readily copied;

      the executing officer or officer assisting must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.

(2) Subsection (1) does not apply if:

         (a) the thing was seized under paragraph 38N(2)(b) or taken under paragraph 38N(2)(c); or

         (b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence against an Australian law.

38Q Occupier entitled to watch search

(1) If:

(a) a warrant in relation to premises is being executed; and

         (b) the occupier of the premises or another person who apparently represents the occupier is present at the premises;

      the occupier of the premises or that person is entitled to watch the search being conducted.

(2) The right to watch the search being conducted ceases if the person impedes the search.

(3) This section does not prevent 2 or more areas of the premises being searched at the same time.

38R Receipts for things seized under warrant etc.

      (1) If a thing is seized under a warrant or moved under subsection 38M(2), the executing officer or an officer assisting must provide a receipt for the thing.

(2) If 2 or more things are seized or moved, they may be covered in the one receipt.

Division 4—Arrest and related matters

38S Power to enter premises to