Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zzur:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZZUR (pt 2/3)
Character Range: 426260–428884

the purposes of this section, account‑based data is covered by a warrant if access to the data is necessary, in the course of the investigation to which the warrant relates, for the purpose of enabling evidence to be obtained of the commission of the alleged relevant offence, or alleged relevant offences, in respect of which the warrant is issued.

Certain acts not authorised
 (5) 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.

Concealment of access etc.
 (6) If any thing has been done under:
 (a) an account takeover warrant; or
 (b) this subsection;
then, in addition to the things specified in the warrant, the warrant authorises the doing of any of the following:
 (c) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant or under this subsection;
 (d) if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:
 (i) using a computer or a communication in transit to do those things; and
 (ii) if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;
 (e) any other thing reasonably incidental to any of the above;
at the following time:
 (f) at any time while the warrant is in force or within 28 days after it ceases to be in force;
 (g) if none of the things mentioned in paragraph (c) are done within the 28‑day period mentioned in paragraph (f)—at the earliest time after that 28‑day period at which it is reasonably practicable to do the things mentioned in paragraph (c).
 (7) Subsection (6) does not authorise the doing of a 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 doing of the thing is necessary to do one or more of the things specified in subsection (6); or
 (b) cause any other material loss or damage to other persons lawfully using a computer.

Statutory conditions
 (8) An account takeover warrant is subject to the following conditions:
 (a) the warrant