CRIMES ACT 1914

Part IAAA - Delayed notification search warrants  

Division 3 - Exercise of powers under delayed notification search warrants  

SECTION 3ZZCG   Use of moved electronic equipment at other place  

(1)  
If electronic equipment is moved to another place under subsection 3ZZCE(2) , the executing officer or a person assisting may operate the equipment to access data (including data held at another place).

(2)  
If the executing officer or person assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes a thing that may be seized under the warrant, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.

(3)  
If the chief officer of the authorised agency is satisfied that the data is not required, is no longer required, or is not likely to be required, for a purpose mentioned in section 3ZZEA , the chief officer must arrange for:


(a) the removal of the data from any device in the control of the authorised agency; and


(b) the destruction of any other reproduction of the data in the control of the authorised agency.

(4)  
If the executing officer or a person assisting, after operating the equipment, finds that a thing that may be seized under the warrant is accessible by doing so, he or she may:


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


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

(5)  
The executing officer or a person assisting may seize equipment under paragraph (4)(a) only if:


(a) it is not practicable to copy the data as mentioned in subsection (2) or to put the thing that may be seized in documentary form as mentioned in paragraph (4)(b); or


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


 

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