FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 4 - SEARCH WARRANTS  

SECTION 31 (Repealed by 74 of 2006)   USE OF EQUIPMENT TO EXAMINE OR PROCESS THINGS  

31(1)
An executing officer or a person assisting that officer may bring to any warrant premises any equipment reasonably necessary for the examination or processing of things found on the premises in order to determine whether they are things that may be seized under the warrant.

31(2)
If:

(a) it is not practicable to examine or process the things on the warrant premises; or

(b) the occupier of the premises consents in writing;

the things may be removed to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the search warrant.

31(3)
If things are removed to another place for examination or processing under subsection (2), the executing officer or a person assisting that officer must, if it is practicable to do so:

(a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

(b) allow the occupier, or his or her representative, to be present during the examination or processing.

31(4)
The executing officer or a person assisting that officer may operate equipment already on the warrant premises to carry out the examination or processing of a thing found on the premises in order to determine whether it is a thing that may be seized under the search warrant if the officer or person assisting believes on reasonable grounds that:

(a) the equipment is suitable for the examination or processing; and

(b) the examination or processing can be carried out without damage to the equipment or the thing.