Combatting Illicit Tobacco Act 2026 (82 of 2026)

Schedule 3   Amendment of the Proceeds of Crime Act 2002 and related amendments

Part 2   Search warrant framework

Division 1   Search warrants for persons

Proceeds of Crime Act 2002

113   After section 245

Insert:

245A Use of electronic equipment at other place

(1) If electronic equipment is moved to another place under section 244, the *executing officer or a *person assisting may operate the equipment to:

(a) access *data (including data held at another place); or

(b) access *account-based data.

(2) If the *executing officer or *person assisting suspects on reasonable grounds that any *data accessed by operating the electronic equipment constitutes *tainted property or *evidential material, or suggests the existence of a *digital asset that may be seized under a *search warrant, that person may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.

(3) The *executing officer or a *person assisting may do the following things if that person finds that any *tainted property or *evidential material is accessible using the equipment, or finds a thing (whether or not held on the equipment) that suggests the existence of a *digital asset that may be *seized under a *search warrant:

(a) seize the equipment and any disk, tape or other similar device;

(b) if the material or thing can be put in documentary form - put the material or thing in that form and seize the documents so produced.

(4) The *executing officer or a *person assisting may seize equipment under paragraph (3)(a) only if:

(a) it is not practicable to copy the *data as mentioned in subsection (2) or to put the material or thing in documentary form as mentioned in paragraph (3)(b); or

(b) possession of the equipment, by the person referred to in paragraph 244(1)(b) or (c) (as the case requires), could constitute an offence.