Document ID: chunk:federal_register_of_legislation:C2025C00135:section:153
Version: federal_register_of_legislation:C2025C00135
Segment Type: section
Provision Reference: s 153
Character Range: 232332–233900

153  Use of equipment to examine or process things
 (1) The executing officer may bring to the premises to which a warrant relates any equipment reasonably necessary for the examination or processing of things found at the premises to determine whether they constitute records that 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 body concerned consents in writing;
the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they constitute records that may be seized under the warrant.
 (3) If things containing electronically stored information are moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:
 (a) inform the body concerned of the address of the place and the time at which the examination or processing will be carried out; and
 (b) allow a person nominated by the body to be present during the examination or processing.
 (4) The executing officer may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it constitutes a record or records that may be seized under the warrant if the executing officer has reasonable grounds for believing that:
 (a) the equipment is suitable for the examination or processing; and
 (b) the examination or processing can be carried out without damage to the equipment or thing.