Document ID: chunk:federal_register_of_legislation:C2009A00019:clause:2_32ahg
Version: federal_register_of_legislation:C2009A00019
Segment Type: clause
Provision Reference: sch 2 cl 32AHG
Character Range: 34201–36332

32AHG  Use of electronic equipment at premises without expert assistance

 (1) The investigator executing the warrant or a person assisting him or her may operate electronic equipment on the premises to access data (including data not held at the premises) if he or she believes on reasonable grounds that:
 (a) the data might constitute evidential material; and
 (b) the equipment can be operated without damaging it.

Note: An investigator can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 32AHI.

 (2) If the investigator or the person assisting him or her believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, he or she may:
 (a) copy the data to a disk, tape or other associated device brought to the premises; or
 (b) if the occupier of the premises agrees in writing—copy the data to a disk, tape or other associated device at the premises;
and take the device from the premises.

 (3) If:
 (a) the investigator or the person assisting him or her takes the device from the premises; and
 (b) CASA is satisfied that the data is not required (or is no longer required) for an investigation or the prosecution of a person;
CASA must arrange for:
 (c) the removal of the data from any device in the control of CASA; and
 (d) the destruction of any other reproduction of the data in the control of CASA.

 (4) If the investigator or the person assisting him or her, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:
 (a) seize the equipment and any disk, tape or other associated device; or
 (b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced.

 (5) A person may seize equipment under paragraph (4)(a) only if:
 (a) it is not practicable to put the material in documentary form as referred to in paragraph (4)(b); or
 (b) possession of the equipment by the occupier could constitute an offence.