Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p22
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 54298–57018

in evidence;

the court must assume (unless the contrary is proved) that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant.

Discovery of evidence

  "34L.(1) If:

    (a) an authorised officer who enters premises under section 34D or under a warrant under section 34E finds the thing (the 'evidence') which the officer entered the premises to find; and

  (b) the officer seizes the evidence;

the officer:

  (c) may keep the evidence so seized for 60 days; or

    (d) if proceedings are instituted within 60 days after the seizure and the evidence may be used in the proceedings—may keep the evidence so seized until the proceedings (including any appeal to a court in relation to the proceedings) are terminated; and

    (e) must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the officer's possession.

"(2) If, in the course of searching premises entered under section 34D or under a warrant under section 34E, the authorised officer:

  (a) finds a thing that he or she believes, on reasonable grounds, to be:

        (i) a thing (other than the evidence mentioned in subsection (1)) that will afford evidence of the commission of the offence in relation to which the search was undertaken; or

        (ii) a thing that will afford evidence of the commission of another offence against this Act; and

     (b) the officer believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction;

subsection (1) applies to the thing as if it were the evidence mentioned in that subsection.

"(3) An authorised officer may apply to a magistrate to extend the periods of time referred to in paragraphs (1)(c) and (d).

"(4) The magistrate may extend the periods of time for so long as the magistrate considers necessary.

Compensation for damage to electronic equipment

  "34M.(1) If:

     (a) damage is caused to equipment as a result of it being operated as mentioned in section 34D or 34E; and

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

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

        (ii) insufficient care being exercised by 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 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