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 245   Use of electronic equipment at premises  

245(1)    
The * executing officer or a * person assisting may operate electronic equipment at the * premises to access * data (including data not held at the premises) if he or she believes on reasonable grounds that:

(a) the data might constitute * evidential material; and

(b) the equipment can be operated without damaging it.

Note:

An executing officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 246 .

245(2)    
If the * executing officer or * person assisting believes that any * data accessed by operating the electronic equipment might constitute * evidential material, he or she may:

(a) copy the data to a disk, tape or other similar device brought to the * premises; or

(b) if the occupier of the premises agrees in writing - copy the data to a disk, tape or other similar device at the premises;

and take the device from the premises.

245(3)    
The * executing officer or a * person assisting may do the following things if he or she finds that any * evidential material is accessible using the equipment:

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

(b) if the material can, by using facilities at the * premises, be put in documentary form - operate the facilities to put the material in that form and seize the documents so produced.

245(4)    
An * authorised officer 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 in documentary form as mentioned in paragraph (3)(b); or

(b) possession of the equipment by the occupier could constitute an offence.