Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 3ZZCF

Use of electronic equipment at warrant premises

Use of electronic equipment to access data

             (1)  In executing a delayed notification search warrant, the executing officer or a person assisting may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she suspects on reasonable grounds that the data constitutes a thing that may be seized under the warrant.

Copy of data onto disk, tape or other device

             (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 the data to a disk, tape or other associated device and take the disk tape or device from the warrant premises.

             (3)  If:

                     (a)  under subsection (2), the executing officer or person assisting copies data to a disk, tape or device; and

                     (b)  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:

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

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

Powers if thing that may be seized is accessible by operating equipment

             (4)  If the executing officer or a person assisting, after operating the electronic 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, by using facilities at the warrant premises, be put in documentary form--operate the facilities to 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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