Crimes Act 1914
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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, 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.
[ CCH Note: S 3LAA(2) will be amended by No 93 of 2024, s 3 and Sch 1 item 19, by inserting " or suggests the existence of a digital asset that may be seized under a warrant, " after " constitutes evidential material, " , applicable in relation to an application for a warrant under Division 2 of Part IAA made on or after 24 November 2024: (a) whether the conduct or offence to which the application relates occurred before, on or after 24 November 2024; and (b) whether property or other things to which the application relates were acquired or came into existence before, on or after 24 November 2024.]
(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, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b) if the material can be put in documentary form - put the material in that form and seize the documents so produced.
[ CCH Note: S 3LAA(4) will be amended by No 93 of 2024, s 3 and Sch 1 items 20 and 21, by inserting " 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 " after " doing so " and " or thing " after " material " (wherever occurring) in para (b), applicable in relation to an application for a warrant under Division 2 of Part IAA made on or after 24 November 2024: (a) whether the conduct or offence to which the application relates occurred before, on or after 24 November 2024; and (b) whether property or other things to which the application relates were acquired or came into existence before, on or after 24 November 2024.]
(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 in documentary form as mentioned in paragraph (4)(b) ; or (b) possession of the equipment, by the person referred to in paragraph 3K(2)(a) or (b) (as the case requires), could constitute an offence.
[ CCH Note: S 3LAA(5) will be amended by No 93 of 2024, s 3 and Sch 1 items 22 and 23, by inserting " or thing " after " material " in para (a) and substituting " paragraph 3K(2)(b) or (c) " for " paragraph 3K(2)(a) or (b) " in para (b), applicable in relation to an application for a warrant under Division 2 of Part IAA made on or after 24 November 2024: (a) whether the conduct or offence to which the application relates occurred before, on or after 24 November 2024; and (b) whether property or other things to which the application relates were acquired or came into existence before, on or after 24 November 2024.]
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