Navigation Act 2012

This section applies to premises to which a warrant relates.

If an inspector believes on reasonable grounds that:

there is on the premises information (data) relevant to determining:

whether this Act is being, or has been, complied with; or

the correctness of information provided under this Act; or

whether there is evidential material on the premises; and

the data may be accessible by operating electronic equipment on the premises; and

expert assistance is required to operate the equipment; and

if he or she does not take action under this subsection, the data may be destroyed, altered or otherwise interfered with;

The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 24 hours.

The equipment may be secured:

until the 24‑hour period ends; or

until the equipment has been operated by the expert;

If an inspector believes on reasonable grounds that the equipment needs to be secured for more than 24 hours, he or she may apply to a magistrate for an extension of that period.

The inspector 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 this Part relating to the issue of warrants apply, with such modifications as are necessary, to the grant of an extension.

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