Search Warrants Act 1997

The executing officer or a person assisting may operate electronic equipment at the warrant premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

If the executing officer or a person 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, by using facilities at the premises, be put in documentary form, operate the facilities to put the material in that form and seize the documents so produced; or if the material can be transferred to a disk, tape or other storage device that – is brought to the premises; or is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises – operate the equipment to transfer the material to the disk, tape or other storage device and take the disk, tape or other storage device from the premises.

The executing officer or a person assisting may seize equipment under subsection (2)(a) only if – it is not practicable to put the material in documentary form as mentioned in subsection (2)(b) or to copy the material as mentioned in subsection (2)(c); or possession by the occupier of the equipment could constitute an offence.

If the executing officer or a person assisting believes on reasonable grounds that – evidential material may be accessible by operating electronic equipment at the premises; and expert assistance is required to operate the equipment; and if he or she does not take action under this subsection, the 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.

The executing officer or a person assisting is to give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

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.

If the executing officer or a person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to an issuing officer for an extension of that period.

The executing officer or a person assisting is to 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 provisions of this Act relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.