Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The inspector may operate equipment at the premises to see whether evidential material is accessible by doing so, if the inspector believes, on reasonable grounds, that the equipment can be operated without damaging the equipment.
(2) If the inspector, after operating the equipment, finds that evidential material is accessible by doing so, the inspector may—
(a) seize the equipment and any disk, tape or other associated device; or
(b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in documentary form and seize the documents so produced; or
(c) if the material can be transferred to a disk, tape or other storage device that—
(i) is brought to the premises; or
(ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.
(3) An inspector may seize equipment under subsection (2) (a) only if—
(a) it is not practicable to put the material in documentary form as mentioned in subsection (2) (b) or to copy the material as mentioned in subsection (2) (c); or
(b) possession by the occupier of the equipment could constitute an offence.
(4) An inspector may seize equipment under subsection (2) (a) or documents under subsection (2) (b) only if the inspector entered the premises under a warrant.