Document ID: chunk:federal_register_of_legislation:C2025C00034:section:245
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 245
Character Range: 395538–397608

245  Use of electronic equipment at premises
 (1) The *executing officer or a *person assisting may operate electronic equipment at 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 or might suggest the existence of a *digital asset that may be *seized under a *search warrant; and
 (b) the equipment can be operated without damaging it.
Note: An executing officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 246.
 (2) If the *executing officer or *person assisting believes that any *data accessed by operating the electronic equipment might constitute *evidential material or might suggest the existence of a *digital asset that may be *seized under a *search warrant, he or she may:
 (a) copy the data to a disk, tape or other similar 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 similar device at the premises;
and take the device from the premises.
 (3) The *executing officer or a *person assisting may do the following things if he or she finds that any *evidential material is accessible using the equipment or finds a thing (whether or not held on the equipment) that suggests the existence of a *digital asset that may be *seized under a *search warrant:
 (a) seize the equipment and any disk, tape or other similar device;
 (b) if the material or thing can, by using facilities at the *premises, be put in documentary form—operate the facilities to put the material or thing in that form and seize the documents so produced.
 (4) The *executing officer or a *person assisting may seize equipment under paragraph (3)(a) only if:
 (a) it is not practicable to copy the *data as mentioned in subsection (2) or to put the material or thing in documentary form as mentioned in paragraph (3)(b); or
 (b) possession of the equipment by the occupier could constitute an offence.