Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:3_6a:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 3 cl 6A (pt 1/2)
Character Range: 325761–328395

6A  At the end of section 3K
Add:

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; 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 data which are likely to be as effective, it is reasonable in all the circumstances to do so:
 (i) to use any other computer or a communication in transit to access the relevant data; and
 (ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and
 (d) to copy any data to which access has been obtained, and that appears to be relevant for the purposes of determining whether the relevant computer or device is a thing that may be seized under the warrant; and
 (e) to do any other thing reasonably incidental to any of the above.
 (6) For the purposes of this section, if a computer (the relevant computer) was found in the course of a search authorised under a warrant, the examination or processing of the relevant computer may include:
 (a) using:
 (i) the relevant computer; or
 (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or
 (iii) any other electronic equipment;
  for the purpose of obtaining access to data (the relevant account‑based data) that is account‑based data in relation to:
 (iv) a person who is the owner or lessee of the relevant computer; or
 (v) a person who uses or has used the relevant computer; or
 (vi) a deceased person who, before the person's death, was the owner or lessee of the relevant computer; or
 (vii) a deceased person who, before the person's death, used the relevant computer;
  in order to determine whether the relevant computer is a thing that may be seized under the warrant; and
 (b) if necessary to achieve the purpose mentioned in paragraph (a)—to