Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision C - Search warrants in respect of things believed to be evidential material  

SECTION 200   USE OF EQUIPMENT TO EXAMINE OR PROCESS THINGS  

200(1)    

The executing officer of a warrant in relation to premises, or a person assisting, may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found on or in the premises in order to determine whether it is a thing that may be seized under the warrant.

200(2)    

A thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to determine whether it may be seized under a warrant if:

(a) both of the following apply:

(i) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;

(ii) there are reasonable grounds to believe that the thing contains or constitutes evidential material; or

(b) for a thing found at warrant premises - the occupier of the premises consents in writing; or

(c) for a thing found during a search under a warrant that is in force in relation to a person - the person consents in writing.

200(3)    

If a thing is moved to another place for the purpose of examination or processing under subsection (2) , the executing officer must, if it is practicable to do so:

(a) inform the person referred to in paragraph (2)(b) or (c) (as the case requires) of the address of the place and the time at which the examination or processing will be carried out; and

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

200(3A)    

The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:

(a) if the thing is a computer or data storage device - 30 days;

(b) otherwise - 72 hours.

200(3B)    

An executing officer may apply to a judicial officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.

200(3C)    

The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.

200(3D)    

If the thing is a computer or data storage device, a single extension cannot exceed 14 days.

200(4)    

The executing officer of a warrant in relation to premises, or a person assisting, may operate equipment already on or in the warrant premises to carry out the examination or processing of a thing found on or in the premises in order to determine whether it is a thing that may be seized under the warrant if the executing 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.