Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 154H

             (1)  The executing officer or an officer assisting may do only 1 of 3 things if he or she finds that the kind of evidential material specified in the warrant is accessible by operating electronic equipment at the premises.

Seizure

             (2)  One thing he or she may do is seize the equipment and any disk, tape or other associated device.

Note:          Subsection (5) sets out limitations on seizure.

Removal of documents

             (3)  Another thing he or she may do is operate the equipment or other facilities at the premises to put the evidential material in documentary form and remove the documents so produced.

Removal of disk, tape or other storage device

             (4)  The final thing he or she may do is operate the equipment or other facilities at the premises to transfer the evidential material to a disk, tape or other storage device that:

                     (a)  is brought to the premises; or

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

and remove the disk, tape or other storage device from the premises.

Limitation on seizure

             (5)  A person may seize a thing under subsection (2) only if:

                     (a)  it is not practicable to put the evidential material in documentary form as mentioned in subsection (3) or to transfer the evidential material as mentioned in subsection (4); or

                     (b)  possession of the thing by the occupier could constitute an offence against a law of the Commonwealth.