Document ID: chunk:federal_register_of_legislation:C2024C00841:section:25a:p2
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 25A (pt 2/4)
Character Range: 85072–87779

(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) using any other computer or a communication in transit to access the relevant data; and
 (ii) if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;
 (ac) removing a computer or other thing from premises for the purposes of doing any thing specified in the warrant in accordance with this subsection, and returning the computer or other thing to the premises;
 (b) copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;
 (ba) intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing specified in the warrant in accordance with this subsection;
 (c) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
 (d) any other thing reasonably incidental to any of the above.
Note: As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10‑7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).
 (4A) If:
 (a) the warrant authorises the removal of a computer or other thing from premises as mentioned in paragraph (4)(ac); and
 (b) a computer or thing is removed from the premises in accordance with the warrant;
the computer or thing must be returned to the premises:
 (c) if returning the computer or thing would be prejudicial to security—when returning the computer or thing would no longer be prejudicial to security; or
 (d) otherwise—within a reasonable period.

Certain acts not authorised
 (5) Subsection (4) 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 a communication in transit or 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.

Warrant must provide for certain matters
 (5A) The warrant must:
 (a) authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and
 (b) if the warrant authorises entering premises—state whether entry is