Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:3_3zzur:p1
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 3 cl 3ZZUR (pt 1/3)
Character Range: 185261–188011

3ZZUR  What an account takeover warrant authorises
 (1) An account takeover warrant must authorise the doing of specified things (subject to any restrictions or conditions specified in the warrant) in relation to each target account.
 (2) The things that may be specified are any of the following that the magistrate considers appropriate in the circumstances:
 (a) taking control of the target account at any time while the warrant is in force, if doing so 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;
 (b) using:
 (i) a computer; 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 taking control of the target account as mentioned in paragraph (a);
 (c) if necessary for the purpose of taking control of the target account as mentioned in paragraph (a):
 (i) accessing account‑based data to which the target account relates; or
 (ii) adding, copying, deleting or altering account credentials to which the target account relates; or
 (iii) adding, copying, deleting or altering data in a computer;
 (d) if, having regard to other methods (if any) of taking control of the target account which are likely to be as effective, it is reasonable in all the circumstances to do so:
 (i) using a communication in transit for the purpose of taking control of the target account as mentioned in paragraph (a); and
 (ii) if necessary to achieve that purpose—adding, copying, deleting or altering data in the communication in transit;
 (e) copying any account‑based data to which the target account relates, and that:
 (i) appears to be relevant for the purposes of determining whether the account‑based data is covered by the warrant; or
 (ii) is covered by the warrant;
 (f) copying any account credentials to which the target account relates;
 (g) any other thing reasonably incidental to any of the above.
 (3) For the purposes of paragraph (2)(e), if:
 (a) access has been obtained to account‑based data; and
 (b) the account‑based data is subject to a form of electronic protection;
the account‑based data is taken to be relevant for the purposes of determining whether the account‑based data is covered by the warrant.

When account‑based data is covered by a warrant
 (4) For 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