Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:4_199b:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 4 cl 199B (pt 2/2)
Character Range: 341152–342672

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).
 (3) Subsection (2) does 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.
 (4) It is immaterial whether a thing mentioned in subsection (2) is done:
 (a) in the presence of the target person; or
 (b) at any other place.
 (5) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.
 (6) If the warrant authorises an ordinary search or a frisk search of the target person, a search of the target person different from that so authorised must not be done under the warrant.