Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 3 - Dealing with things seized  

Subdivision A - General requirements  

SECTION 255A   Operating seized or moved electronic equipment  

255A(1)    
This section applies in relation to electronic equipment seized under this Part or moved under section 244 .

255A(2)    
The electronic equipment may be operated at any location after it has been seized or moved, for the following purposes:

(a)    determining whether the following * data is held on or accessible from the electronic equipment:

(i) data that is * tainted property or * evidential material;

(ii) data that suggests the existence of a * digital asset that may be * seized under a * search warrant;

(b)    obtaining access to such data.

255A(3)    
The * data mentioned in subsection (2) includes, but is not limited to, the following:

(a)    data held on the electronic equipment, including data held on the electronic equipment when operated under this section that was not held on the electronic equipment at the time the electronic equipment was seized;

(b)    data not held on the electronic equipment but accessible by using it, including data that was not accessible at the time the electronic equipment was seized.

Rules relating to timing

255A(4)    
If the electronic equipment was seized under a * search warrant, subsection (2) does not apply to * data that was generated after the expiry of the warrant.

255A(5)    
If the electronic equipment was seized under a * search warrant or moved under section 244 , the electronic equipment may be operated before or after the expiry of the warrant.

Other sections not limited

255A(6)    
This section does not limit the operation of other provisions of this Part that relate to dealing with items seized under this Part or moved under section 244 .

Note:

For example, this section does not affect the operation of the time limits in section 244 on examination or processing of a thing moved under that section.

Compensation for damage

255A(7)    
Section 248 (compensation for damage to electronic equipment) applies in relation to equipment operated as mentioned in this section in the same way as it applies in relation to equipment operated as mentioned in section 245 (use of electronic equipment at premises).