Skip to content
In forceAmended2020 Revised Edition
Contents

Part 7 · Protection Against Family Violence

64B. Power to inspect, seize, preserve and require production of evidence

Amended

Last amended by an amending law of 2023.

(1)

If an enforcement officer reasonably believes that a document or thing could be evidence of an offence under this Part, the enforcement officer may do one or more of the following:

(a)

inspect and make copies of, or take extracts from, the document or thing, even if the person who is in possession or control of the document or thing has not given prior consent;

(b)

seize the document or thing;

(c)

issue a written notice requiring a person whom the enforcement officer reasonably believes to be in possession or control of the document or thing —

(i)

to produce without charge, that document or thing at the time and place stated in the notice; or

(ii)

to give the enforcement officer, without charge, access to that document or thing;

(d)

take any step that appears to be necessary to preserve or prevent interference with the document or thing.

(2)

Without limiting subsection (1), if an enforcement officer reasonably believes that any information in electronic form could be evidence of an offence under this Part, the enforcement officer may —

(a)

access any equipment (including a computer or mobile telephone) in which the information is stored or from which the information may be accessed;

(b)

issue a written notice requiring a person having charge of, or otherwise concerned with the operation of, the equipment to help in gaining access to the equipment (whether by disclosing any password or access code or by any other means);

(c)

copy or extract the information (for example by transferring the information to a disc, tape or other storage device); and

(d)

if it is not possible to copy or extract the information, seize the equipment.

(3)

If a person refuses to comply with a written notice under subsection (1)(c) or (2)(b), the enforcement officer may report the matter to a Magistrate who may then issue a warrant ordering the person to comply.

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules