Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

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

SECTION 107BC   USE OF EQUIPMENT TO EXAMINE OR PROCESS THINGS  

107BC(1)  
The executing officer or a person assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found on or in the premises in order to determine whether they are things that may be seized under the warrant.

107BC(2)  
If:


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


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

the things may be moved 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 warrant.

107BC(3)  
If things are 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 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.

107BC(4)  
The executing officer 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.




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