Use of equipment to examine or process things
68 Use of equipment to examine or process things
Without limiting section 67, a police officer exercising a power under Division 5 or 6A may bring to, or on to, a vehicle or premises any equipment reasonably necessary for the examination or processing of a thing found in, on or at the vehicle or premises in order to determine whether it is a thing that may be seized.
A thing may be moved to another place so that the examination or processing can be carried out in order to determine whether it is a thing that may be seized if —
it is not practicable to examine or process the thing in or at the vehicle or premises; or
the occupier of the vehicle or premises consents in writing.
A police officer, or a person assisting a police officer, may operate equipment already in, on or at the vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting reasonably believes that —
the equipment is suitable for the examination or the processing; and
the examination or processing can be carried out without damage to the equipment or the thing.
[Section 68 amended: No. 38 of 2020 s. 19.]
This Act’s bill:Explanatory memorandumSecond reading speech
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