Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p10
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 22500–25225

as mentioned in paragraph (2)(c); or

    (b) possession by the occupier of the equipment could constitute an offence.

"(4)  If the executing officer or a constable assisting believes 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 is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

"(5) The executing officer or a constable assisting must give notice to the occupier of the premises of his 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 happens first.

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

"(8) The executing officer or a constable 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 Division relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

Compensation for damage to electronic equipment

  "3M.(1) If:

     (a) damage is caused to equipment as a result of it being operated as mentioned in section 3K or 3L; 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 equipment that was appropriate in the circumstances.

Copies of seized things to be provided

"3N.(1) Subject to subsection (2), if a constable seizes, under a warrant relating to premises:

     (a) a document, film, computer file or other thing that can be