Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 544

Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003

  (1)   If:

  (a)   in the course of searching, in accordance with a warrant issued under Division   3, for a particular thing in relation to a particular offence, an inspector finds a thing that the inspector believes on reasonable grounds to be:

  (i)   a thing that is connected with the offence, although not the thing specified in the warrant; or

  (ii)   a thing that is connected with another offence against Part   21; and

  (b)   the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence;

the warrant is taken to authorise the inspector to seize that thing.

  (1A)   If:

  (a)   in the course of searching, in accordance with a warrant issued under Division   3, for a particular thing in relation to a particular breach of the Spam Act 2003 , an inspector finds a thing that the inspector believes on reasonable grounds to be:

  (i)   a thing that is connected with the breach, although not the thing specified in the warrant; or

  (ii)   a thing that is connected with another breach of the Spam Act 2003 ; and

  (b)   the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the breach or the other breach;

the warrant is taken to authorise the inspector to seize that thing.

  (2)   A reference in this section to an offence against Part   21 includes a reference to an offence created by section   6 of the Crimes Act 1914 or Part   2.4 of the Criminal Code that relates to Part   21 of this Act.


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