Clause 12

This section applies where a senior authorised officer exercises any power under a warrant under section 22 or any power under section 23.(2) The senior authorised officer (called in this section O) may, in connection with the exercise of any power mentioned in subsection (1), do all or any of the following in respect of any computer or associated device found in or at the dwelling house, shop or other building or place concerned, as the case may be:

inspect the operation of the computer or associated device, and any data contained in or available to it, if O reasonably believes that the computer or associated device contains data, or data is available to it, that —

relates to any transaction or dealing in any of the goods or property mentioned in section 22 or 23, as the case may be; or

is evidential material that is relevant to an offence under this Act or regulations made under this Act, or any breach of the provisions of this Act or regulations made under this Act;

require —

the person by whom or on whose behalf the computer or associated device is or has been so used; or

any person having charge of, or otherwise concerned with the operation of, the computer or associated device,to provide O with any reasonable assistance that O may require for the purpose of paragraph (a);

without payment, make copies of, or take extracts from, any data contained in or available to the computer or associated device;

without payment, take possession of the computer or associated device where, in O’s opinion —

the inspection of the computer or associated device, or the inspection or copying of or the taking of any extract from, any data contained in or available to the computer or associated device, cannot reasonably be performed without taking possession;

the computer or associated device may be interfered with or destroyed unless possession is taken; or

the computer or associated device may be required as evidence in proceedings instituted or commenced for any purpose of, or in connection with, this Act;

take onto the premises any equipment and material that O requires for the purpose of exercising any power under this section;

operate any electronic equipment on the premises for the purpose of exercising any power under this section.(3) In this section, “data” includes any computer program or computer software installed in a computer and any computer output (within the meaning given by section 2(1) of the Computer Misuse Act 1993).Inspection of computers and associated devices in connection with exercise of powers under section 19, 20 or 28A24A. In connection with the exercise of the powers in section 19, 20 or 28A(5), any authorised officer —

is entitled at any time to have access to, and inspect and check the operation of, any computer or associated device which is or has been in use in connection with any particulars, information or document —

relating to goods to which section 19 refers; or

to which section 20 or 28A(5) refers; and

may require —

the person by whom or on whose behalf the computer is or has been so used; or

any person having charge of, or otherwise concerned with the operation of, the computer or associated device,to provide the authorised officer with such reasonable assistance as he or she may require for the purposes of paragraph (a).Procedure governing seizure of computer, etc., other than certain goods24B.—

Subject to subsection (2), sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when any authorised officer seizes any computer or associated device, mobile communication device or cash under any provision of this Act.(2) Subsection (1) does not apply to computers or associated devices, or mobile communication devices, that are goods —

in respect of which there has been committed, or there is reasonable cause to suspect that there has been committed —

any offence under this Act or any regulations made under this Act; or

any breach of the provisions of this Act or any regulations made under this Act; and

that are seized under any provision of this Act.”.