The proposed Competition and Consumer Commission Bill 2026 would empower Commission officers to secure computers and other electronic equipment for up to 72 hours during investigations where there is a risk that digital evidence could be destroyed or tampered with.
The provision forms part of the draft legislation now open for nationwide public consultation.
Under the proposed law, Commission officers would be able to secure electronic equipment found during a lawful search if they have reasonable grounds to believe the equipment contains evidence relevant to an investigation, expert assistance is required to access the information, and delaying action could result in the evidence being destroyed, altered or otherwise interfered with.
The Bill would allow officers to secure the equipment for up to 72 hours. If more time is needed, they would be required to apply to a magistrate for an extension.
Commission officers would also be authorised to take whatever steps are reasonably necessary to secure the equipment, including locking it away, placing it under guard or using other appropriate measures.
The proposed legislation requires officers to notify the occupier of the premises that the equipment will be secured, advise that it may remain secured for up to 72 hours, and inform them if an application will be made to extend that period.
Any extension beyond the initial 72 hours could only be granted if a judge, magistrate or justice of the peace is satisfied that additional time is necessary.
The Bill also outlines new procedures for obtaining search warrants.
Under the proposal, judges, magistrates or justices of the peace would have the authority to issue warrants authorising the search of premises, vehicles, vessels, aircraft or other places upon application by a Commission officer.
Search warrants would remain valid for no longer than seven days, with the expiry date required to be specified on the warrant. New warrants could be issued where necessary.
Applications for warrants would generally be made in writing and supported by sworn evidence. However, where appearing in person is impractical, applications could also be made electronically, by telephone or by other appropriate means.
The nationwide consultation process gives businesses, consumers, legal practitioners and other stakeholders the opportunity to comment on the proposed Competition and Consumer Commission Bill 2026 before it is finalised.
