Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 487S

  (1)   This section applies if an authorised officer enters premises under a search warrant.

Securing equipment

  (2)   The authorised officer may do whatever is necessary to secure any electronic equipment that is on premises if the authorised officer reasonably believes that:

  (a)   there is on the premises evidential material of the kind specified in the search warrant; and

  (b)   that evidential material may be accessible by operating the equipment; and

  (c)   expert assistance is required to operate the equipment; and

  (d)   the evidential material may be destroyed, altered or otherwise interfered with, if the authorised officer does not take action under this subsection.

The equipment may be secured by locking it up, placing a guard or any other means.

  (3)   The authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:

  (a)   the authorised officer's intention to secure the equipment; and

  (b)   the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured

  (4)   The equipment may be secured until the earlier of the following happens:

  (a)   the 24 - hour period ends;

  (b)   the equipment has been operated by the expert.

Note:   For compensation for damage to electronic equipment, see section   487T.

Extensions

  (5)   The authorised officer may apply to an issuing officer for an extension of the 24 - hour period if the authorised officer reasonably believes that the equipment needs to be secured for longer than that period.

  (6)   Before making the application, the authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of the authorised officer's intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

  (7)   The provisions of this Division relating to the issue of search warrants apply, with such modifications as are necessary, to the issue of an extension.

  (8)   The 24 - hour period may be extended more than once.