Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies if a constable executing a search warrant in relation to premises enters such premises to search for material connected with the matter the Commission is investigating.
Securing equipment
(2) The constable may do whatever is necessary to secure any electronic equipment that is on the premises if the constable believes on reasonable grounds that:
(a) there is material connected with the matter the Commission is investigating on the premises; and
(b) the material may be accessible by operating the electronic equipment; and
(c) expert assistance is required to operate the equipment; and
(d) the material may be destroyed, altered or otherwise interfered with if the constable 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 constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:
(a) the constable'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 40.
Extensions
(5) The constable may apply to the Commission, or a member authorised in writing by the Commission, for an extension of the 24-hour period if the constable believes on reasonable grounds that the equipment needs to be secured for more than that period.
(6) Before making the application, the constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of the constable's intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.
(7) The 24-hour period may be extended more than once.