Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) After entering premises under this Division, the Chief Commissioner may do any of the following:
(a) search the premises, and any thing on the premises, for evidential material;
(b) make photos, video recordings, sound recordings or other records of the premises or evidential material;
(c) make copies of evidential material found on the premises;
(d) examine, take measurements of, conduct tests on, or take samples of, evidential material;
(e) operate equipment on the premises in order to access evidential material;
(f) in the case of evidential material that is equipment, operate the evidential material;
(g) remove evidential material from the premises with the consent of:
(i) if it is practicable to obtain the consent of the owner of the material--the owner; or
(ii) if it is not practicable to obtain the consent of the owner of the material--the occupier of the premises;
Note: See also subsection (2).
(h) secure evidential material, pending the obtaining of a warrant to seize it;
Note: Under subsection (3), evidential material may be able to be seized without a warrant if the premises are special premises.
(i) take equipment and material onto the premises, and use it, for any of the above purposes.
(2) Before obtaining the consent of a person to remove evidential material from premises under paragraph (1)(g), the Chief Commissioner 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.
(3) If the premises are special premises and entry is not under an investigation warrant, the Chief Commissioner may also:
(a) require a person on the premises to answer questions or produce evidential material; and
(b) seize that evidential material, or any other evidential material found on the premises, if the material is directly relevant to the investigation concerned and the Chief Commissioner believes, on reasonable grounds, that it is necessary to seize the material in order to prevent it being interfered with or to prevent its concealment, loss, deterioration or destruction.
Entry under an investigation warrant
(4) If the entry is under an investigation warrant, the Chief Commissioner may also:
(a) require a person on the premises to answer questions or produce evidential material to which the warrant relates; and
(b) seize that evidential material or any other evidential material found on the premises to which the warrant relates.
(5) A person commits an offence if the person refuses or fails to comply with a requirement under subsection (3) or (4).
Note: Self - incrimination is not an excuse for failing to answer a question. See section 47.
(6) Strict liability applies to the element of the offence
against subsection (5) that the requirement is under subsection
(3) or (4).