Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_422:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 422 (pt 1/2)
Character Range: 1221661–1224361

422  Use of electronic equipment at premises

Operation of equipment
 (1) The executing officer or an officer assisting may operate electronic equipment at the premises to see whether evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both, is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Seizure etc.
 (2) If the executing officer or an officer assisting, after operating the equipment, finds that evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both, is accessible by doing so, he or she may:
 (a) seize the equipment and any disk, tape or other associated device; or
 (b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or
 (c) if the material can be transferred to a disk, tape or other storage device that:
 (i) is brought to the premises; or
 (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;
  operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

Limitation on seizure
 (3) A person may seize equipment under paragraph (2)(a) only if:
 (a) it is not practicable to put the material in document form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or
 (b) possession of the equipment by the occupier could constitute an offence.

Securing equipment
 (4) If the executing officer or an officer assisting believes on reasonable grounds that:
 (a) evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both, 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 about securing equipment
 (5) The executing officer or an officer 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