CIVIL AVIATION ACT 1988 - SECT 32AHH Use of electronic equipment at premises with expert assistance
CIVIL AVIATION ACT 1988 - SECT 32AHH
Use of electronic equipment at premises with expert assistance(1) If the investigator executing the warrant or a person assisting him or her 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;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
(2) The investigator or the person assisting him or her must notify the occupier of the premises, in writing, of:
(a) his or her intention to secure the equipment; and
(b) the fact that the equipment may be secured for up to 24 hours.
(3) The equipment may be secured for up to 24 hours to allow the equipment to be operated by an expert.
(4) If the investigator or the person assisting him or her believes on reasonable grounds that expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period.
(5) The investigator or the person assisting him or her 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.
(6) The provisions of this Part i n relation to the issuing of warrants apply, with such modifications as are necessary, to the issuing of an extension.
(7) A notification given to the occupier of the premises under
this section is not a legislative instrument.