Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision C - Executing search warrants  

SECTION 244A   Use of electronic equipment to examine or process things  

244A(1)    
For the purposes of sections 243 and 244 , if a computer or * data storage device (the relevant computer or device ) is found in the course of a search authorised under a * search warrant, the examination or processing of the relevant computer or device may include:

(a)    using:

(i) the relevant computer or device; or

(ii) a * telecommunications facility operated or provided by the Commonwealth or a * carrier; or

(iii) any other electronic equipment; or

(iv) a data storage device;

for the purpose of obtaining access to * data ( the relevant data ) that is held in the relevant computer or device in order to determine 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; and

(b)    if necessary to achieve that purpose - to add, copy, delete or alter other data in the relevant computer or device; and

(c)    if, having regard to other methods (if any) of obtaining access to the relevant 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 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 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; and

(e)    to do any other thing reasonably incidental to any of the above.

244A(2)    
For the purposes of sections 243 and 244 , if a computer (the relevant computer ) was found in the course of a search authorised under a * search warrant, the examination or processing of the relevant computer may include:

(a)    using:

(i) the relevant computer; or

(ii) a * telecommunications facility operated or provided by the Commonwealth or a * carrier; or

(iii) any other electronic equipment;

for the purpose of obtaining access to * data (the relevant account-based data ) that is * account-based data in relation to:

(iv) a person who is the owner or lessee of the relevant computer; or

(v) a person who uses or has used the relevant computer; or

(vi) a deceased person who, before the person ' s death, was the owner or lessee of the relevant computer; or

(vii) a deceased person who, before the person ' s death, used the relevant computer;

in order to determine 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

(b)    if necessary to achieve that purpose - to add, copy, delete or alter other data in the relevant computer; 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 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.

Limitation

244A(3)    
Subsections (1) and (2) 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 (1) - 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 (2) - 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.

Things done in relation to warrants may be done remotely etc.

244A(4)    
In the case of a * search warrant relating to * premises, it is immaterial whether a thing mentioned in subsection (1) or (2) is done:

(a)    at the premises; or

(b)    at any other place.

244A(5)    
In the case of a * search warrant relating to a person, it is immaterial whether a thing mentioned in subsection (1) or (2) is done:

(a)    in the presence of the person; or

(b)    at any other place.