ROAD TRAFFIC ACT 1961 - SECT 41E

ROAD TRAFFIC ACT 1961 - SECT 41E

41E—Use or seizure of electronic equipment

        (1)         If—

            (a)         a thing found in, on or at a vehicle or premises is, or includes, a disk, tape or other device for the storage of information; and

            (b)         equipment in, on or at the vehicle or premises may be used with the disk, tape or other storage device; and

            (c)         the authorised officer concerned believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether a relevant law has been contravened,

the officer or a person assisting the officer may operate the equipment to access the information.

        (2)         If the officer or a person assisting the officer finds that a disk, tape or other storage device in, on or at the vehicle or premises contains information of a kind referred to in subsection (1)(c), the officer may—

            (a)         put the information in documentary form and seize the documents so produced; or

            (b)         copy the information to another disk, tape or other storage device and remove that storage device from the vehicle or premises; or

            (c)         if it is not practicable to put the information in documentary form or to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

        (3)         An officer or a person assisting an officer must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.