Document ID: chunk:federal_register_of_legislation:C2024C00024:section:8zf
Version: federal_register_of_legislation:C2024C00024
Segment Type: section
Provision Reference: s 8ZF
Character Range: 43699–46321

8ZF  Use of equipment to examine or process things
 (1) The authorised officer or an officer assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant.
 (2) A thing found at the premises may be moved to another place for examination or processing in order to determine whether it may be seized under a warrant if:
 (a) both of the following apply:
 (i) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;
 (ii) the authorised officer or officer assisting suspects on reasonable grounds that the thing contains or constitutes evidential material; or
 (b) the occupier of the premises consents in writing.
 (3) If a thing is moved to another place for the purpose of examination or processing under subsection (2), the authorised officer must, if it is practicable to do so:
 (a) inform the occupier of the address of the place 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 authorised officer need not comply with paragraph (3)(a) or (b) if he or she believes on reasonable grounds that to do so might:
 (a) endanger the safety of a person; or
 (b) prejudice an investigation or prosecution.
 (5) The thing may be moved to another place for examination or processing for no longer than 14 days.
 (6) An authorised officer may apply to a magistrate for one or more extensions of that time if the authorised officer believes on reasonable grounds that the thing cannot be examined or processed within 14 days or that time as previously extended.
 (7) The authorised officer must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard in relation to the application.
 (8) A single extension cannot exceed 7 days.
 (9) The authorised officer or an officer assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the authorised 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 damage to the equipment or the thing.