Victorian Current Acts

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CONFISCATION ACT 1997 - SECT 92A

Seizure of digital asset under search warrant

    (1)     This section applies if a police officer executing a search warrant is authorised by that warrant or section 92 to—

        (a)     seize property which includes a digital asset; or

        (b)     seize the means of accessing or gaining control of a digital asset.

    (2)     The police officer may do one or more of the following things for the purpose of securing and seizing the digital asset

        (a)     access a computer or data storage device storing the asset or data related to the asset;

        (b)     interfere with a computer or data storage device storing the asset or data related to the asset;

        (c)     alter or transfer the asset or data related to the asset;

        (d)     change or transfer, or perform any other transaction in relation to, the asset or data related to the asset, that may be required to gain exclusive control of the asset.

    (3)     The police officer may do a thing referred to in subsection (2) using a computer or data storage device whether or not the computer or data storage device

        (a)     was seized under the warrant; or

        (b)     is located at the address specified in the search warrant.



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