Document ID: chunk:federal_register_of_legislation:C2025C00034:section:247
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 247
Character Range: 398869–400365

247  Securing electronic equipment
 (1) If the *executing officer or a *person assisting believes on reasonable grounds that:
 (a) *evidential material may be accessible by operating electronic equipment at the *premises; and
 (b) expert assistance is required to operate the equipment; and
 (c) if he or she does not take action, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
 (2) The *executing officer or a *person assisting must give notice to the occupier of the *premises of:
 (a) his or her intention to secure equipment; and
 (b) 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 *executing officer or a *person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate to extend the period.
 (5) The *executing officer or a *person assisting must notify the occupier of the *premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.
 (6) The provisions of this Division relating to the issue of *search warrants apply, with such modifications as are necessary, to the issuing of an extension.