Operation of equipment

(1)

The executing officer or an officer assisting may operate electronic equipment at the premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Seizure etc.

(2)

If the executing officer or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:

(a)

seize the equipment and any disk, tape or other associated device; or

(b)

if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or

(c)

if the material can be transferred to a disk, tape or other storage device that:

(i)

is brought to the premises; or

(ii)

is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

Limitation on seizure

(3)

A person may seize equipment under paragraph (2)(a) only if:

(a)

it is not practicable to put the material in document form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or

(b)

possession of the equipment by the occupier could constitute an offence.

Securing equipment

(4)

If the executing officer or an officer 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 under this subsection, the material may be destroyed, altered or otherwise interfered with;