Document ID: chunk:federal_register_of_legislation:C2024A00093:clause:1_228a:p3
Version: federal_register_of_legislation:C2024A00093
Segment Type: clause
Provision Reference: sch 1 cl 228A (pt 3/4)
Character Range: 26502–29206

(b) cause any other material loss or damage to other persons lawfully using a computer.

Operation of electronic equipment to seize a digital asset
 (5) A *search warrant also authorises the *executing officer or a *person assisting:
 (a) to operate electronic equipment at the *premises for the purpose of *seizing a *digital asset under the warrant; and
 (b) if electronic equipment is moved to another place under subsection 244(1)—to operate the equipment for the purpose of seizing a digital asset under the warrant.

Additional ways of seizing digital assets
 (6) Seizing a *digital asset under a *search warrant includes any of the following:
 (a) transferring the digital asset from an existing digital wallet (or some other thing) to a digital wallet (or other thing) controlled by an *enforcement agency;
 (b) transferring the digital asset:
 (i) from a digital wallet (or some other thing) recreated or recovered by an enforcement agency using things found in the course of the search authorised by the warrant; and
 (ii) to a digital wallet (or other thing) controlled by an enforcement agency;
 (c) transferring the digital asset in circumstances prescribed by regulations made for the purposes of this paragraph.
Note: The ordinary meaning of seizing a digital asset is extended by the additional ways mentioned in this subsection.

Time limit for seizing digital assets etc.
 (7) The power to *seize a *digital asset under the *search warrant, or a power covered by subsection (2) or paragraph (5)(b) relating to seizing a digital asset under the search warrant, may be exercised, to the extent that the exercise of the power relates to a thing referred to in paragraph (1)(a) for the warrant, only during the period starting when the warrant is issued and ending at:
 (a) if the thing is moved to another place under subsection 244(1)—the time applicable under subsection 244(2) or that time as previously extended as described in subsection 244(3); or
 (b) if the thing is seized under this Part—any time that the thing must be returned as described in Subdivision B or C of Division 3 of this Part; or
 (c) if the thing is *data that is copied under this Division—the time the head of the *enforcement agency covered by subsection 225(3) is satisfied that the data is not required (or is no longer required):
 (i) for a purpose mentioned in section 266A; or
 (ii) for other judicial or administrative review proceedings; or
 (d) otherwise—the end of the period of 30 days starting on the day the warrant is issued.
Note: This means the power to seize the digital asset may be exercised at different times if there is more than one thing referred to in paragraph (1)(a) that suggests the