Human Services (Medicare) Act 1973

If electronic equipment found at the warrant premises is moved to another place under subsection 8ZF(2), the authorised officer or an officer assisting may operate the equipment to access data (including data held at another place).

If the authorised officer or officer assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.

If the Chief Executive Medicare is satisfied that:

the reason for the copying of the data no longer exists; or

a decision has been made not to use the data in evidence;

the removal of the data from any device in the control of a Departmental employee; and

the disposal, by either of the following means, of any other reproduction of the data in the control of a Departmental employee:

returning the reproduction to a person who is the occupier of the premises at that time;

destroying the reproduction.

If the authorised officer or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:

seize the equipment and any disk, tape or other associated device; or

if the material can be put in documentary form—put the material in that form and seize the documents so produced.

An authorised officer or officer assisting may seize equipment under paragraph (4)(a) only if:

it is not practicable to copy the data as mentioned in subsection (2) or to put the material in documentary form as mentioned in paragraph (4)(b); or

possession by the occupier of the equipment could constitute an offence.