Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3k:p4
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3K (pt 4/4)
Character Range: 111072–113021

transit to access the relevant account‑based 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 is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and
 (e) to do any other thing reasonably incidental to any of the above.
 (7) Subsections (5) and (6) do 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:
 (i) a communication in transit; or
 (ii) the lawful use by other persons of a computer;
  unless the addition, deletion or alteration, or the doing of the thing, is necessary to determine:
 (iii) in the case of subsection (5)—whether the relevant computer or device is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or
 (iv) in the case of subsection (6)—whether the relevant computer is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or
 (b) cause any other material loss or damage to other persons lawfully using a computer.
 (8) In the case of a warrant that was in force in relation to premises, it is immaterial whether a thing mentioned in subsection (5) or (6) is done:
 (a) at the premises; or
 (b) at any other place.
 (9) In the case of a warrant that was in force in relation to a person, it is immaterial whether a thing mentioned in subsection (5) or (6) is done:
 (a) in the presence of the person; or
 (b) at any other place.