Document ID: chunk:federal_register_of_legislation:C2021C00498:section:29
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 29
Character Range: 33901–36034

29  Operating electronic equipment
 (1) A constable executing a search warrant in relation to premises may:
 (a) operate electronic equipment on the premises; and
 (b) use a disk, tape or other storage device that:
 (i) is on the premises; and
 (ii) can be used with the equipment or is associated with it;
if the constable has reasonable grounds for suspecting that the electronic equipment, disk, tape or other storage device is, or contains material, connected with the matter the Commission is investigating.
 (2) The constable executing the search warrant may:
 (a) seize the equipment and the disk, tape or other storage device if the constable has reasonable grounds for suspecting that it is, or contains material, connected with the matter the Commission is investigating; and
 (b) operate electronic equipment on the premises to put the material in documentary form and remove the documents so produced from the premises; and
 (c) operate electronic equipment on the premises to transfer the material to a disk, tape or other storage device that:
 (i) is brought to the premises for the exercise of the power; or
 (ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;
  and remove the disk, tape or other storage device from the premises.
 (3) The constable executing the search warrant may operate electronic equipment as mentioned in subsection (1) or (2) only if the constable believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
Note: For compensation for damage to electronic equipment, see section 40.
 (4) The constable executing the search warrant may seize equipment or a disk, tape or other storage device as mentioned in paragraph (2)(a) only if:
 (a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to transfer the evidential material as mentioned in paragraph (2)(c); or
 (b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth.