Commonwealth Consolidated Acts

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Powers in relation to premises

  (1)   The inspector or an assistant may do any of the following after entering premises under this Division:

  (a)   search the premises, and any thing on the premises, for the evidential material;

  (b)   make copies of the evidential material found on the premises;

  (c)   operate electronic equipment at the premises to see whether the evidential material is accessible by doing so;

Note:   See also Division   5 (which contains provisions relating to the operation of electronic equipment at the premises).

  (d)   remove the evidential material from the premises with the consent of the owner of the material;

Note:   See also subsection   (2).

  (e)   secure the evidential material, pending the obtaining of a search warrant to seize it;

  (f)   take equipment and material onto the premises, and use it, for any of the above purposes.

Obtaining consent to remove evidential material

  (2)   Before obtaining the consent of a person to remove evidential material from premises under paragraph   (1)(d), the inspector or an assistant must inform the person of the purpose for which the material is required and that the person may refuse consent. A consent of a person is not effective for the purposes of that paragraph unless the consent is voluntary.

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