Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3l:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3L (pt 1/2)
Character Range: 113023–115699

3L  Use of electronic equipment at premises
 (1) The executing officer of a warrant in relation to premises, 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 suspects on reasonable grounds that the data constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant.
Note: A constable 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 suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant, he or she may:
 (a) copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device brought to the premises; or
 (b) if the occupier of the premises agrees in writing—copy any or all of the data accessed by operating the electronic equipment 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 a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings;
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.
 (2) If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so or finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under the warrant, he or she may:
 (a) seize the equipment and any disk, tape or other associated device; or
 (b) if the material or thing can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material or thing in that form and seize the documents so produced.
 (3) A constable may seize equipment under paragraph (2)(a) only if:
 (a) it is not practicable to copy the data as mentioned in subsection (1A) or to put the material or thing in documentary form as mentioned in paragraph (2)(b); or
 (b) possession by the occupier of the equipment could constitute an offence.
 (4) If the executing officer or