Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3f:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3F (pt 2/4)
Character Range: 81839–84474

believes on reasonable grounds to be:
 (i) evidential material in relation to an offence to which the warrant relates; or
 (ii) a thing relevant to another offence that is an indictable offence; or
 (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);
  if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and
 (d) to seize other things found in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.
 (2A) A warrant that is in force authorises the executing officer or a constable 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 is evidential material of a kind specified in 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 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 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 is evidential material of a kind specified in the warrant; or
 (ii) is evidential material of a kind specified in 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).
 (2B) A