Document ID: chunk:federal_register_of_legislation:C2024C00510:section:71
Version: federal_register_of_legislation:C2024C00510
Segment Type: section
Provision Reference: s 71
Character Range: 167103–168525

71  Expert assistance to operate a thing
 (1) If an inspector believes on reasonable grounds that:
 (a) any of the following may be accessible by operating a thing at particular premises:
 (i) information relevant to determining whether there has been compliance with this Part or regulations made for the purposes of this Part, or the SSBA Standards;
 (ii) evidential material; and
 (b) expert assistance is required to operate the thing; and
 (c) if he or she does not take action under this subsection, the information or material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the thing, whether by locking it up, placing a guard or otherwise.
 (2) The inspector must give notice to the occupier of the premises of his or her intention to secure the thing and of the fact that the thing may be secured for up to 24 hours.
 (3) The thing may be secured:
 (a) for a period not exceeding 24 hours; or
 (b) until the thing has been operated by the expert;
whichever happens first.
 (4) If the inspector believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate for an extension of that period.
 (5) The inspector 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.