Document ID: chunk:federal_register_of_legislation:C2024C00627:section:50
Version: federal_register_of_legislation:C2024C00627
Segment Type: section
Provision Reference: s 50
Character Range: 62892–64598

50  Securing electronic equipment for use by experts
 (1) If an inspector believes on reasonable grounds that:
 (a) any of the following:
 (i) information relevant to determining whether there has been compliance with this Act;
 (ii) information relevant to assessing the correctness of information provided under this Act;
 (iii) evidential material;
  may be accessible by operating electronic equipment at particular 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 or 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
 (2) The inspector must give notice to the occupier of the premises of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured
 (3) The equipment may be secured:
 (a) for a period not exceeding 24 hours; or
 (b) until the equipment has been operated by the expert;
whichever happens first.

Extensions
 (4) If the inspector believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an order extending that period.
 (5) The inspector must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.
 (6) The magistrate may order an extension for a period specified in the order if the magistrate is satisfied that the extension is necessary.