LEGAL PROFESSION ACT 2006 - SECT 540 Use of electronic equipment at premises

LEGAL PROFESSION ACT 2006 - SECT 540

    (1)     An investigator or a person assisting may operate electronic equipment at premises entered under a search warrant to access data (including data not held at the premises) if the investigator or person believes, on reasonable grounds, that—

        (a)     the data might be something to which the warrant relates; and

        (b)     the equipment can be operated without damaging the data.

    (2)     If the investigator or person assisting believes, on reasonable grounds, that any data accessed by operating the electronic equipment might be something to which the warrant relates, the investigator or person may—

        (a)     copy the data to a data storage device brought to the premises; or

        (b)     if a person in charge of the premises agrees in writing—copy the data to a data storage device at the premises.

    (3)     The investigator or person assisting may take the device from the premises.

    (4)     The investigator or person assisting may do the following things if the investigator or person finds that anything to which the warrant relates (the material ) is accessible using the equipment:

        (a)     seize the equipment and any data storage device;

        (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 produced.

    (5)     An investigator may seize equipment under subsection (4) (a) only if—

        (a)     it is not practicable to copy the data as mentioned in subsection (2) or to put the material in documentary form as mentioned in subsection (4) (b); or

        (b)     possession of the equipment by a person in charge of the premises or someone else could be an offence.