Proceeds of Crime Act 2002
CHAPTER 3
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INFORMATION GATHERING
PART 3-5
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SEARCH AND SEIZURE
Division 1
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Search warrants
Subdivision C
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Executing search warrants
SECTION 245
Use of electronic equipment at premises
245(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.
245(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;
245(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.
245(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.
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 .
View history note
Hide history note245(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.
245(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.
245(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.
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