Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 55

Use or seizure of electronic equipment at premises

55. 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
        device for the storage of information; and

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

   (c)  the inspector believes on reasonable grounds that the information
        stored on the disk, tape or other 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 the inspector or a person assisting the inspector finds that a disk,
tape or other storage device at the premises contains information of the kind
referred to in subsection (1)(c), she or he 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 premises; or

   (c)  if it is not practicable to put the information in documentary form
        nor to copy the information, seize the disk, tape or other 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.