Biosecurity Act 2015

The powers in this section may be exercised in relation to electronic equipment on premises if:

a biosecurity enforcement officer enters the premises under a biosecurity risk assessment warrant, a biosecurity control order warrant or a biosecurity response zone warrant (the relevant warrant); and

the relevant warrant authorises the biosecurity enforcement officer to exercise the powers in this section.

The biosecurity enforcement officer may secure any electronic equipment that is on the premises if the biosecurity enforcement officer suspects on reasonable grounds that:

there is relevant data on the premises; and

the relevant data may be accessible by operating the equipment; and

expert assistance is required to operate the equipment; and

the relevant data may be destroyed, altered, or otherwise interfered with, if the biosecurity enforcement officer does not take action under this subsection.

Relevant data means information relevant to a purpose for which the premises were entered.

The biosecurity enforcement officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:

the biosecurity enforcement officer’s intention to secure the equipment; and

the fact that the equipment may be secured for up to 24 hours.

The equipment may be secured until the earlier of the following happens:

the 24‑hour period ends;

the equipment has been operated by an expert.

For compensation for damage to electronic equipment, see section 326.

The biosecurity enforcement officer may apply to an issuing officer for an extension of the 24‑hour period if the biosecurity enforcement officer believes on reasonable grounds that the equipment needs to be secured for longer than that period.

Before making the application, the biosecurity enforcement officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

The provisions of Part 3 of Chapter 9 relating to the issue of the relevant warrant apply, with such modifications as are necessary, to the issue of an extension.

The 24‑hour period may be extended more than once.