(4) A police officer or other authorised person who conducts a search and seizes material
or evidence under this section must, as soon as practicable––
(a) make a list of what has been seized, with the date and time of seizure; and
(b) give a copy of that list to––
(i) the occupier of the premises; or
(ii) the person in control of such computer, computer program, computer system,
device or computer data.
(5) Subject to subsection (6), a police officer or other authorised person must, on request–
–
(a) permit a person who had custody or control of the computer, computer program,
computer system, device or computer data, or someone acting on their behalf to
access and copy computer data on the system; or
(b) gives the person a copy of the computer data obtained pursuant to an order under
subsection (1).
(6) The police officer or other authorised person may refuse to give access or provide copies
if he or she has reasonable grounds to believe that providing access or copies may––
(a) constitute an offence under the Crimes Act 2009;
(b) prejudice––
(i) the investigation in connection with which the search was carried out;
(ii) another ongoing investigation; or
(iii) any criminal proceedings that are pending or that may be brought in relation
to any of those investigations.
(7) A police officer or other authorised person who is undertaking a search is empowered
to seize or similarly secure computer data accessed in accordance with subsections (1) and (2).
Admissibility of evidence
18. ––(1) In any proceedings related to any offence under any written law, the fact that
evidence has been generated, transmitted or seized from, or identified in a search of a computer
system must not of itself prevent that evidence from being presented, relied on or admitted.
(2) The powers and procedures provided under this Part are without prejudice to the
operation of, or powers granted under any written law, when exercised lawfully by a police
officer or other authorised person, or any regulatory authority that by itself does not investigate
or prosecute an offence.
Expedited preservation of stored computer data
19. ––(1) A police officer or other authorised person may issue a written notice to a person
to preserve specified computer data stored by means of a computer system if the police officer
or other authorised person is satisfied that––
(a) the specified computer data is reasonably required for the purpose of a criminal
investigation; and
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