Use or seizure of electronic equipment at premises
133E Use or seizure of electronic equipment at premises
If—
a thing found at any premises is, or includes, a disk, tape or other device for the storage of information; and
equipment at the premises may be used with the disk, tape or other storage device; and
the authorised person believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to furthering the purpose of the authorised person's inspection—
the authorised person or a person assisting the authorised person may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information.
If the authorised person or a person assisting the authorised person finds that a disk, tape or other storage device at the premises contains information of the kind referred to in subsection (1)(c), he or she may—
put the information in documentary form and seize the documents so produced; or
copy the information to another disk, tape or other storage device and remove that storage device from the premises; or
if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.
S. 133E(3) amended by No. 58/2011 s. 104(Sch. item 4.193).
An authorised person or a person assisting an authorised person must not operate or seize equipment for the purpose mentioned in this section unless the authorised person or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.
Pt 8 Div. 3A (Heading and ss 133F, 133G) inserted by No. 73/2007 s. 23.
Division 3A—Undertakings by licensees
S. 133F inserted by No. 73/2007 s. 23.
This Act’s bill:Second reading speech
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