Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p22
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 52372–55041

or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

"(6) 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 first occurs.

"(7) 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 a judicial officer for an extension of that period.

"(8) The executing officer or a person assisting must give notice to 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.

"(9) The provisions of this Subdivision relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

Compensation for damage to equipment or data

"202.(1) If:

    (a) damage is caused to equipment as a result of it being operated as mentioned in section 200 or 201; or

    (b) the data recorded on the equipment is damaged or programs associated with its use are damaged or corrupted;

and the damage or corruption was caused as a result of:

SCHEDULE 4—continued

    (c) insufficient care being exercised in selecting the person who was to operate the equipment; or

    (d) insufficient care being exercised by the person operating the equipment;

compensation for the damage or corruption is payable to the owner of the equipment or the user of the data or programs concerned.

"(2) For the purposes of subsection (1), damage to data includes damage by erasure of data or addition of other data.

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

"(4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

Copies of seized things to be provided

"202A.(1) Subject to subsection (2), if the executing officer or a person assisting seizes, under a warrant relating 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 person 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 document, film, computer