Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:2_8
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 2 cl 8
Character Range: 21019–22747

8  Subsection 3L(1)
Repeal the subsection, substitute:

 (1) The executing officer or a constable assisting may operate electronic equipment at the warrant 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; 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 3LA.

 (1A) If the executing officer or constable assisting believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, he or she may:
 (a) copy the data to a disk, tape or other associated 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 associated device at the premises;
and take the device from the premises.

 (1B) If:
 (a) the executing officer or constable assisting takes the device from the premises; and
 (b) the Commissioner is satisfied that the data is not required (or is no longer required) for:
 (i) investigating an offence against the law of the Commonwealth, a State or a Territory; or
 (ii) judicial proceedings or administrative review proceedings; or
 (iii) investigating or resolving a complaint under the Complaints (Australian Federal Police) Act 1981 or the Privacy Act 1988;
the Commissioner must arrange for:
 (c) the removal of the data from any device in the control of the Australian Federal Police; and
 (d) the destruction of any other reproduction of the data in the control of the Australian Federal Police.