Document ID: chunk:federal_register_of_legislation:C2025C00034:section:228a:p2
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 228A (pt 2/4)
Character Range: 378425–381055

warrant authorises the *executing officer or a *person assisting:
 (a) to use:
 (i) a computer, or *data storage device, 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; or
 (iv) a data storage device;
  for the purpose of obtaining access to *data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data suggests the existence of a *digital asset that may be *seized under the warrant; and
 (b) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and
 (c) if, having regard to other methods (if any) of obtaining access to the relevant 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 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).

Limitation
 (4) Subsections (2) and (3) do not authorise the addition, deletion or alteration of *data, or the doing of any thing, that is likely to:
 (a) materially interfere with, interrupt or obstruct:
 (i) a *communication in transit; or
 (ii) the lawful use by other persons of a computer;
  unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or
 (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