Document ID: chunk:federal_register_of_legislation:C2024A00093:clause:1_3fa:p5
Version: federal_register_of_legislation:C2024A00093
Segment Type: clause
Provision Reference: sch 1 cl 3FA (pt 5/6)
Character Range: 15409–18002

Territory;
 (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.
 (9) The power to seize a digital asset under the warrant, or a power covered by subsection (3) or paragraph (7)(b) relating to seizing a digital asset under the warrant, may be exercised, to the extent that the exercise of the power relates to a thing referred to in paragraph (1)(a) or (2)(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 3K(2)—the time applicable under subsection 3K(3A) or that time as previously extended as described in subsection 3K(3B); or
 (b) if the thing is seized under this Division—any time that the thing must be returned as described in Subdivision B of Division 4C of this Part; or
 (c) if the thing is data that is copied under this Division—the time the Commissioner is satisfied that the data is not required (or is no longer required):
 (i) for a purpose mentioned in section 3ZQU; 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) or (2)(a) that suggests the existence of the digital asset.
 For example, if 2 or more things referred to in paragraph (1)(a) or (2)(a) suggest the existence of the digital asset, seizure of the digital asset may occur during the longest period that applies to the digital asset as a result of the application of this subsection in relation to each of those things.
 (10) If the period applicable under subsection (9) ends after the warrant expires, the powers referred to in that subsection may be exercised during that period as if the warrant were still in force.

Things done in relation to warrants may be done remotely etc.
 (11) For a warrant related to premises, it is immaterial whether:
 (a) a digital asset is seized, as described in this section, at the premises or at any other place; or
 (b) a thing mentioned in subsection (3), (4) or (5) is done at the premises or at any other place.
 (12) For a warrant related to a person, it is immaterial whether:
 (a) a digital asset is seized, as described in this section, in the presence of the person