Use or seizure of electronic equipment
69 Use or seizure of electronic equipment
A police officer or a person assisting a police officer may operate equipment to access information if —
the information is stored in a thing found in, on or at a vehicle or premises including a disk, tape or other device for the storage of information; and
the equipment is in, on or at the vehicle or premises and can be used with the disk, tape or other storage device; and
the police officer reasonably believes that the information may provide evidence of an MDLR offence or an RTA Part 6A offence.
If a police officer or a person assisting a police officer finds that a disk, tape or other storage device in, on or at the vehicle or premises contains information of a kind mentioned 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 vehicle or premises; or
if it is not practicable to put the information in documentary form or to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.
A police officer or a person assisting a police officer must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting reasonably believes that the operation or seizure of the equipment can be carried out without damage to the equipment.
[Section 69 amended: No. 38 of 2020 s. 20.]
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.