Crimes Act 1914
View history note
Hide history noteThis section applies to electronic equipment seized under this Part or moved under section 3K .
(2)
The electronic equipment may be operated at any location after it has been seized or moved, for the purpose of determining whether data that is evidential material is held on or accessible from the electronic equipment, and obtaining access to such data.
[ CCH Note: S 3ZQV(2) will be amended by No 93 of 2024, s 3 and Sch 1 item 26, by inserting " , or whether data that suggests the existence of a digital asset that may be seized under a warrant, " after " 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)
The data referred to in subsection (2) includes, but is not limited to, the following: (a) data held on the electronic equipment, including data held on the electronic equipment when operated under this section that was not held on the electronic equipment at the time the electronic equipment was seized; (b) data not held on the electronic equipment but accessible by using it, including data that was not accessible at the time the electronic equipment was seized.
(3A)
If the electronic equipment was seized under a warrant, subsection (2) does not apply to data that was generated after the expiry of the warrant.
(4)
If the electronic equipment was seized under a warrant or moved under section 3K , the electronic equipment may be operated before or after the expiry of the warrant.
(5)
This section does not limit the operation of other provisions of this Part that relate to dealing with items seized under this Part or moved under section 3K .
Note:
For example, this section does not affect the operation of the time limits in section 3K on examination or processing of a thing moved under that section.
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