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BUILDING ACT 1993 - SECT 228H

Use or seizure of electronic equipment during search under section 228E

    (1)     If an authorised person, during a search under section 228E

        (a)     finds a thing in or on the building or land that is or includes a disc, tape or other device for the storage of information; and

        (b)     believes that there is in or on the building or land equipment that may be used with the disc, tape or other storage device; and

        (c)     believes on reasonable grounds that information stored in the disc, tape or other storage device—

              (i)     may be relevant to determine whether this Act or the regulations have been complied with; or

              (ii)     may assist in enforcement of safety of buildings and of building and plumbing standards under this Act

the authorised person may operate, or may require the occupier of the building or land or an employee of the occupier to operate, the equipment to access the information.

    (2)     If the authorised person believes on reasonable grounds that a disc, tape or other storage device in or on the building or land contains, stores or is otherwise used in the transmission of information that—

        (a)     may be relevant to determine whether this Act or the regulations have been complied with; or

        (b)     may assist in enforcement of safety of buildings and of building and plumbing standards under this Act

the authorised person may—

        (c)     put the information in a documentary form and seize the documents so produced; or

        (d)     copy the information to another disc, tape or other storage device and remove that disc, tape or storage device from the building or land; or

        (e)     if it is not practicable to put the information in a documentary form or to copy the information, seize the disc, tape or other storage device and the equipment that enables the information to be accessed.

    (3)     An authorised person must not operate or seize equipment for a purpose set out in this section unless the authorised person believes on reasonable grounds that the operation can be carried out without damage to the equipment.

S. 228I inserted by No. 21/2017 s. 46.



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