Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3fa:p4
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3FA (pt 4/6)
Character Range: 95005–97697

other computer or a communication in 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 other computer or the communication in transit; and
 (d) to copy any data to which access has been obtained, and that:
 (i) appears to be relevant for the purposes of determining whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; or
 (ii) 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.

Limitation
 (6) Subsections (3), (4) and (5) 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 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.

Operation of electronic equipment to seize a digital asset
 (7) A warrant that is in force also authorises the executing officer or a constable assisting:
 (a) for a warrant in relation to premises—to operate electronic equipment at the premises for the purpose of seizing a digital asset under the warrant; and
 (b) if electronic equipment is moved to another place under subsection 3K(2)—to operate the equipment for the purpose of seizing a digital asset under the warrant.

Additional ways of seizing digital assets
 (8) Seizing a digital asset under a warrant includes any of the following:
 (a) transferring the digital asset from an existing digital wallet (or some other thing) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;
 (b) transferring the digital asset:
 (i) from a digital wallet (or some other thing) recreated or recovered by the Australian Federal Police or a police force or police service of a State or Territory using things found in the course of the search authorised by the warrant; and
 (ii) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;
 (c) transferring the digital asset in circumstances prescribed by regulations made for the purposes of this paragraph.
Note: The ordinary meaning of seizing a digital asset is extended by the additional ways mentioned in this subsection.

Time limit for