Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies to premises to which a monitoring warrant relates.
Securing equipment
(2) An inspector may do whatever is necessary to secure any electronic equipment that is on the premises if the inspector believes on reasonable grounds that:
(a) there is relevant data on the premises; and
(b) the relevant data may be accessible by operating the equipment; and
(c) expert assistance is required to operate the equipment; and
(d) the relevant data may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection.
The equipment may be secured by locking it up, placing a guard or any other means.
(3) Relevant data means information relevant to determining whether:
(a) this Act has been, or is being, complied with; or
(b) information given in compliance, or purported compliance, with this Act is correct.
(4) The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:
(a) the inspector'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
(5) 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 58.
Extensions
(6) The inspector may apply to an issuing officer for an extension of the 24-hour period if the inspector believes on reasonable grounds that the equipment needs to be secured for longer than that period.
(7) Before making the application, the inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.
(8) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.
(9) The 24-hour period may be extended more than once.