Document ID: chunk:federal_register_of_legislation:C2024C00461:section:76
Version: federal_register_of_legislation:C2024C00461
Segment Type: section
Provision Reference: s 76
Character Range: 131333–134048

76  Expert assistance to operate electronic equipment
 (1) This section applies to premises to which a warrant relates.

Monitoring powers
 (2) If entry to the premises is under a monitoring warrant and an authorised officer believes on reasonable grounds that:
 (a) there is on the premises information relevant to:
 (i) determining whether there has been compliance with this Act; or
 (ii) assessing the correctness of information provided under this Act;
  that may be accessible by operating electronic equipment on 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 information 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 other means.

Enforcement powers
 (3) If entry to the premises is under an enforcement warrant and an authorised officer believes on reasonable grounds that:
 (a) there is on the premises evidential material of the kind specified in the warrant that may be accessible by operating electronic equipment on 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 evidential 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
 (4) The authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to secure the equipment under subsection (2) or (3) and of the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured
 (5) The equipment may be secured:
 (a) until the 24 hour period ends; or
 (b) until the equipment has been operated by the expert;
whichever happens first.

Extensions
 (6) If an authorised officer believes on reasonable grounds that the equipment needs to be secured for more than 24 hours, he or she may apply to an issuing officer for an extension of that period.
 (7) The authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.
 (8) The provisions of this Division relating to the issue of monitoring warrants or enforcement warrants apply, with such modifications as are necessary, to the issue of an extension.
 (9) The 24 hour period may be extended more than once.