Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:1_8zg:p1
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 1 cl 8ZG (pt 1/2)
Character Range: 28449–31165

8ZG  Use of electronic equipment at premises
 (1) The authorised officer or an officer assisting may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she suspects on reasonable grounds that the data constitutes evidential material.
Note: An authorised officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 8ZGB.
 (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:
 (a) copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device brought to the premises; or
 (b) if the occupier of the premises agrees in writing—copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device at the premises;
and take the device from the premises.
 (3) If:
 (a) the authorised officer or officer assisting takes the device from the premises; and
 (b) the Chief Executive Medicare is satisfied that:
 (i) the reason for the copying of the data no longer exists; or
 (ii) 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, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced.
 (5) An authorised officer or an 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.
 (6) If the authorised officer or an officer assisting suspects 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 under this subsection, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever