Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 or might suggest the existence of a * digital asset that may be * seized under a * search warrant; 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.
(2) If the * executing officer or * person assisting believes that any * data accessed by operating the electronic equipment might constitute * evidential material or might suggest the existence of a * digital asset that may be * seized under a * search warrant, 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.
(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 or finds a thing (whether or not held on the equipment) that suggests the existence of a * digital asset that may be * seized under a * search warrant:
(a) seize the equipment and any disk, tape or other similar device;
(b) if the material or thing can, by using facilities at the * premises, be put in documentary form--operate the facilities to put the material or thing in that form and seize the documents so produced.
(4) The * executing officer or a * person assisting 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 or thing in documentary form as mentioned in paragraph (3)(b); or
(b) possession of the equipment by the occupier could constitute an offence.