Document ID: chunk:federal_register_of_legislation:C2024A00093:clause:1_3fa:p3
Version: federal_register_of_legislation:C2024A00093
Segment Type: clause
Provision Reference: sch 1 cl 3FA (pt 3/6)
Character Range: 10588–13224

likely to be as effective, it is reasonable in all the circumstances to do so:
 (i) to use any other computer or a communication in transit to access the relevant data; and
 (ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and
 (d) to copy any data to which access has been obtained, and that:
 (i) appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; or
 (ii) suggests the existence of a digital asset that may be seized under the warrant; and
 (e) to do any other thing reasonably incidental to any of the above.
Note: As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).
 (5) A warrant that is in force authorises the executing officer or a constable assisting:
 (a) to use:
 (i) a computer found in the course of a search authorised under the warrant; or
 (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or
 (iii) any other electronic equipment;
  for the purpose of obtaining access to data (the relevant account‑based data) that is account‑based data in relation to:
 (iv) a person who is the owner or lessee of the computer mentioned in subparagraph (i); or
 (v) a person who uses or has used the computer mentioned in subparagraph (i); or
 (vi) a deceased person who, before the person's death, was the owner or lessee of the computer mentioned in subparagraph (i); or
 (vii) a deceased person who, before the person's death, used the computer mentioned in subparagraph (i);
  in order to determine whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; and
 (b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and
 (c) if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:
 (i) to use any other computer or a communication in transit to access the relevant account‑based data; and
 (ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and
 (d) to