Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:3_3:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 2/3)
Character Range: 322871–325301

who is the owner or lessee of the computer mentioned in subparagraph (i); or
 (v) a person who uses or has used the computer mentioned in subparagraph (i); or
 (vi) a deceased person who, before the person's death, was the owner or lessee of the computer mentioned in subparagraph (i); or
 (vii) a deceased person who, before the person's death, used the computer mentioned in subparagraph (i);
  in order to determine whether the relevant account‑based data is evidential material of a kind specified in the warrant; and
 (b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and
 (c) if, having regard to other methods (if any) of obtaining access to the relevant account‑based 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 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:
 (i) appears to be relevant for the purposes of determining whether the relevant account‑based data is evidential material of a kind specified in the warrant; or
 (ii) is evidential material of a kind specified in the warrant; and
 (e) to do any other thing reasonably incidental to any of the above.
 (2C) Subsections (2A) and (2B) 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.
 (2D) In the case of a warrant that is in force in relation to premises, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:
 (a) at the premises; or
 (b) at any other place.
 (2E) In the case of a warrant that is in force in relation to a person, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:
 (a) in the presence of the person; or
 (b) at any other place.