Document ID: chunk:federal_register_of_legislation:C2024A00093:clause:1_3fa:p2
Version: federal_register_of_legislation:C2024A00093
Segment Type: clause
Provision Reference: sch 1 cl 3FA (pt 2/6)
Character Range: 8178–10811

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 using electronic equipment moved from the person's possession: see section 3LAA.

Use of electronic equipment etc. to seize a digital asset etc.
 (3) 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 seizing a digital asset under the warrant; and
 (b) if necessary to achieve that purpose—to add, copy, delete or alter data in the computer or device mentioned in subparagraph (a)(i); and
 (c) if it is reasonable in all the circumstances to do so for the purpose of seizing a digital asset under the warrant:
 (i) to use any other computer or a communication in transit; and
 (ii) if necessary to achieve that purpose—to add, copy, delete or alter data in the other computer or the communication in transit; and
 (d) to do any other thing reasonably incidental to any of the above.

Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc.
 (4) 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 suggests the existence of a digital asset that may be seized under the warrant; and
 (b) if necessary to achieve that purpose—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,