Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision C - Executing search warrants  

SECTION 247   Securing electronic equipment  

247(1)    
If the * executing officer or a * person assisting believes on reasonable grounds that:


(a) * evidential material may be accessible by operating electronic equipment at the * premises; and


(b) expert assistance is required to operate the equipment; and


(c) if he or she does not take action, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.


247(2)    
The * executing officer or a * person assisting must give notice to the occupier of the * premises of:


(a) his or her intention to secure equipment; and


(b) the fact that the equipment may be secured for up to 24 hours.

247(3)    
The equipment may be secured:


(a) for a period not exceeding 24 hours; or


(b) until the equipment has been operated by the expert;

whichever happens first.


247(4)    
If the * executing officer or a * person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate to extend the period.

247(5)    
The * executing officer or a * person assisting must notify the occupier of the * premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.

247(6)    
The provisions of this Division relating to the issue of * search warrants apply, with such modifications as are necessary, to the issuing of an extension.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.