Victorian Consolidated Legislation

Funerals Act 2006 - SECT 65

Use or seizure of electronic equipment at premises

65. Use or seizure of electronic equipment at premises



(1) If-

   (a)  a thing found at a premises is or includes a disk, tape or other
        information storage device; and

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

   (c)  an inspector believes on reasonable grounds that the information
        stored on the disk, tape or other information storage device is
        relevant to determine whether this Act has been contravened-

the inspector or a person assisting the inspector may operate, or may require
the occupier or an employee of the occupier to operate, the equipment to
access the information.

(2) If an inspector or a person assisting the inspector finds that a disk,
tape or other information storage device at the premises contains information
of the kind referred to in subsection (1)(c), the inspector-

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

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

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

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