Securing electronic equipment for use by experts
50 Securing electronic equipment for use by experts
If an inspector believes on reasonable grounds that:
any of the following:
information relevant to determining whether there has been compliance with this Act;
information relevant to assessing the correctness of information provided under this Act;
evidential material;
may be accessible by operating electronic equipment at particular premises; and
expert assistance is required to operate the equipment; and
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
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
The equipment may be secured:
for a period not exceeding 24 hours; or
until the equipment has been operated by the expert;
whichever happens first.
Extensions
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.
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.
The magistrate may order an extension for a period specified in the order if the magistrate is satisfied that the extension is necessary.
This Act’s bill:Second reading speech
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