Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38m
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38M
Character Range: 162312–163801

38M  Use of equipment to examine or process things
 (1) For the purpose of executing a warrant in relation to premises, the executing officer or an officer assisting may bring to the premises any equipment reasonably necessary to examine or process things found at the premises in order to determine whether the things may be seized under the warrant.
 (2) If:
 (a) it is not practicable to examine or process the things at the premises; or
 (b) the occupier of the premises consents in writing;
the things may be moved to another place so that the examination or processing can be carried out.
 (3) If things are moved to another place for the purpose of examination or processing, the executing officer must, if it is practicable to do so:
 (a) inform the occupier of the premises of:
 (i) the address of that place; and
 (ii) the day on which and the time at which the examination or processing will be carried out; and
 (b) allow the occupier or his or her representative to be present during the examination or processing.
 (4) The executing officer or officer assisting may operate equipment already at the premises to examine or process a thing found at the premises in order to determine whether it may be seized under the warrant, if the executing officer or officer assisting believes on reasonable grounds that:
 (a) the equipment is suitable for the examination or processing; and
 (b) the examination or processing can be carried out without damaging the equipment or thing.