Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

465AAAAE Determination of application for extension of time to allow expert to finish operating equipment

(1)On an application under section 465AAAAD, the Magistrates' Court may extend the period that the electronic equipment may be secured if the Magistrates' Court is satisfied that the extension is appropriate in the circumstances and the expert—

(a)will not arrive within 24 hours of the equipment being secured; or

(b)will not finish operating the equipment within 24 hours after arriving.

(2)In determining whether the extension is appropriate in the circumstances, the Magistrates' Court may have regard to the following—

(a)the length of time that is likely required for an expert to attend the warrant premises and operate the equipment;

(b)the inconvenience that securing the equipment may cause to a person;

(c)the likelihood that operating the electronic equipment will enable evidentiary material to be accessed, copied or converted into documentary form in accordance with section 465AAAAF;

(d)any other matters the Magistrates' Court considers relevant.

(3)The Magistrates' Court may direct that a police officer must not take a specified action in relation to the secured electronic equipment during the extended period if it appears to the Magistrates' Court that—

(a)the taking of that action would cause unreasonable disruption and inconvenience to an occupier of the warrant premises; and

(b)it is appropriate in the circumstances to limit the exercise of the police officer's powers under the warrant.

(4)A period extended under subsection (1) ends at the earlier of either—

(a)the end of the further period specified by the Magistrates' Court in the extension; or

(b)the time at which the expert finishes operating the equipment.

(5)The further period specified by the Magistrates' Court must not exceed 7 days.

(6)The Magistrates' Court may extend a period under subsection (1) in relation to particular equipment more than once.