Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 150

    (1)     This section applies if—

        (a)     the authorised officer or an assistant finds at the location being investigated a device—

              (i)     that is a non-cash payment processing device; or

              (ii)     that is or includes a disk, tape or other device for the storage, receipt, generation, transmission or retrieval of information; and

        (b)     the authorised officer believes on reasonable grounds that the device sent, transmitted or generated information that is relevant to—

              (i)     the purpose of the investigation; or

              (ii)     if the entry is effected under section 131 or 138, whether a condition of a driver accreditation has been or is being breached; and

        (c)     the authorised officer believes on reasonable grounds that the information is accessible from the device.

    (2)     The authorised officer or assistant may—

        (a)     access the information by—

              (i)     operating the device; or

              (ii)     using equipment that is at the location being investigated; or

        (b)     direct a person who is referred to in subsection (5), and who is present at the location being investigated, to do a thing referred to in paragraph (a).

    (3)     If the authorised officer or assistant accesses information of a kind referred to in subsection (1)(b), the officer or assistant may—

        (a)     put the information in documentary form and seize those documents; or

        (b)     copy the information to a disk, tape or storage device and remove that disk, tape or storage device from the location being investigated; or

        (c)     subject to subsection (4), seize either or both of the following—

              (i)     the device;

              (ii)     the equipment (if any) that enables that access; or

        (d)     direct a person who is referred to in subsection (5), and who is present at the location being investigated, to do a thing referred to in paragraph (a) or (b).

    (4)     An authorised officer or assistant must not seize a device, or equipment that enables access to information on the device, under subsection (3)(c) unless—

        (a)     it is not practicable to retrieve the information from the device as described in subsection (3)(a) or (b); and

        (b)     if the device is a mobile phone—

              (i)     the phone is found during the execution of a search warrant; and

              (ii)     the phone is named or described in the warrant as a thing that may be seized.

    (5)     The authorised officer or assistant may give a direction under subsection (2)(b) or (3)(d) to—

        (a)     if the location being searched is a motor vehicle—

              (i)     the driver of the vehicle; or

              (ii)     the person in whose name the vehicle is registered under Part 3; and

        (b)     otherwise—

              (i)     the occupier of that place; or

              (ii)     a person who appears to represent the occupier.

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

S. 151 inserted by No. 63/2017 s. 18.