Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:8_154j
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 8 cl 154J
Character Range: 135752–137536

154J  Securing electronic equipment for use by experts

 (1) If a search warrant in relation to premises is being executed and the executing officer or an officer assisting believes on reasonable grounds that:
 (a) the kind of evidential material specified in the warrant 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 is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

Notice to occupier

 (2) The executing officer or officer assisting must give notice to the occupier of the premises of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured

 (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.

Extensions

 (4) If the executing officer or officer assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period.

 (5) The executing officer or officer 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.

 (6) The magistrate may order an extension for a period specified in the order if the magistrate is satisfied that the extension is necessary.

Subdivision B—Availability of assistance and use of force in executing a search warrant