Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision A - Issuing search warrants  

SECTION 228AA   The things authorised by a search warrant - electronic devices, account-based data, etc.  
Use of electronic equipment etc. to access data to determine whether data is tainted property or evidential material

228AA(1)    
A * search warrant authorises the * executing officer or a * person assisting:

(a)    to use:

(i) a computer or * data storage device (the relevant computer or device ) found in the course of a search authorised under the warrant; 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 at any time when the warrant is in force, in order to determine whether the relevant data is * tainted property or * evidential material of a kind specified in 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:

(i) appears to be relevant for the purposes of determining whether the relevant data is tainted property or evidential material of a kind specified in the warrant; or

(ii) is tainted property or evidential material of a kind specified in the warrant; and

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

Note:

As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).

228AA(2)    
A * search warrant authorises the * executing officer or a * person assisting:

(a)    to use:

(i) a computer (the relevant computer ) found in the course of a search authorised under the warrant; 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 account-based data is * tainted property or * evidential material of a kind specified in 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:

(i) appears to be relevant for the purposes of determining whether the relevant account-based data is tainted property or evidential material of a kind specified in the warrant; or

(ii) is tainted property or evidential material of a kind specified in the warrant; and

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

Limitation

228AA(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 do one or more of the things specified in the warrant; 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.

228AA(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.

228AA(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.