Document ID: chunk:federal_register_of_legislation:C2024A00093:clause:1_3fa:p1
Version: federal_register_of_legislation:C2024A00093
Segment Type: clause
Provision Reference: sch 1 cl 3FA (pt 1/6)
Character Range: 5640–8414

3FA  The things authorised by a search warrant—additional things for digital assets

Warrant in relation to premises—authority to seize digital assets
 (1) A warrant that is in force in relation to premises authorises the executing officer or a constable assisting to seize a digital asset if:
 (a) in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and
 (b) the executing officer or a constable assisting reasonably suspects the digital asset to be:
 (i) evidential material in relation to an offence to which the warrant relates; or
 (ii) evidential material in relation 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); and
 (c) the executing officer or a constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset's concealment, loss or destruction or its use in committing an offence.
Note: For the purposes of paragraph (a), the digital asset need not be found at the premises. Data accessed using powers under this Part may suggest the existence of the digital asset. For example, a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the premises: see section 3LAA.

Warrant in relation to person—authority to seize digital assets
 (2) A warrant that is in force in relation to a person authorises the executing officer or a constable assisting to seize a digital asset if:
 (a) in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and
 (b) the executing officer or a constable assisting reasonably suspects the digital asset to be:
 (i) evidential material in relation to an offence to which the warrant relates; or
 (ii) evidential material in relation 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); and
 (c) the executing officer or a constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset's concealment, loss or destruction or its use in committing an offence.
Note: For the purposes of paragraph (a), the digital asset need not be found in the person's possession. Data accessed using powers under this Part may suggest the existence of the digital asset. For example, a thing suggesting the existence of the digital asset could be found by accessing data