Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3k:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3K (pt 2/4)
Character Range: 106279–108946

a thing
 (3A) The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:
 (a) if the thing is a computer or data storage device—30 days;
 (b) otherwise—14 days.
 (3B) An executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.
 (3C) The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.
 (3D) A single extension cannot exceed whichever of the following is applicable:
 (a) if the thing is a computer or data storage device—14 days;
 (b) otherwise—7 days.

Equipment at warrant premises may be operated
 (4) The executing officer of a warrant in relation to premises, or a constable assisting, may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, if the executing officer or constable believes on reasonable grounds that:
 (a) the equipment is suitable for the examination or processing; and
 (b) the examination or processing can be carried out without damage to the equipment or the thing.

Extended powers of examination and processing
 (5) For the purposes of this section, if a computer or data storage device (the relevant computer or device) was found in the course of a search authorised under a warrant, the examination or processing of the relevant computer or device may include:
 (a) using:
 (i) the relevant computer or device; 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 relevant computer or device in order to determine whether the relevant computer or device is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and
 (b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the relevant computer or device; and
 (c) if, having regard to other methods (if any) of obtaining access to the relevant