Crimes Act 1914
Part IAA
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Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
Division 2
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Search warrants
SECTION 3LAA
USE OF ELECTRONIC EQUIPMENT AT OTHER PLACE
(1)
If electronic equipment is moved to another place under subsection 3K(2) , the executing officer or a constable assisting may operate the equipment to: (a) access data (including data held at another place); or (b) access account-based data.
(2)
If the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, or suggests the existence of a digital asset that may be seized under a 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 Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must arrange for: (a) the removal of the data from any device in the control of the Australian Federal Police; and (b) the destruction of any other reproduction of the data in the control of the Australian Federal Police.
(4)
If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so 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 warrant, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material or thing can be put in documentary form - put the material or thing in that form and seize the documents so produced.
(5)
A constable 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 material or thing in documentary form as mentioned in paragraph (4)(b) ; or (b) possession of the equipment, by the person referred to in paragraph 3K(2)(b) or (c) (as the case requires), could constitute an offence.
View history note
Hide history noteIf electronic equipment is moved to another place under subsection 3K(2) , the executing officer or a constable assisting may operate the equipment to: (a) access data (including data held at another place); or (b) access account-based data.
(2)
If the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, or suggests the existence of a digital asset that may be seized under a 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 Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must arrange for: (a) the removal of the data from any device in the control of the Australian Federal Police; and (b) the destruction of any other reproduction of the data in the control of the Australian Federal Police.
(4)
If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so 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 warrant, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material or thing can be put in documentary form - put the material or thing in that form and seize the documents so produced.
(5)
A constable 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 material or thing in documentary form as mentioned in paragraph (4)(b) ; or (b) possession of the equipment, by the person referred to in paragraph 3K(2)(b) or (c) (as the case requires), could constitute an offence.
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