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 245A   Use of electronic equipment at other place  

245A(1A)    
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.

245A(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.

245A(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.

245A(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.

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