123Use of electronic equipment at premises without expert assistance

#### 123 Use of electronic equipment at premises without expert assistance (1) The authorised officer executing the search warrant or an assisting officer may operate electronic equipment on 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; and (b) the equipment can be operated without damaging it. > Note: An authorised officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 125. (2) If the authorised officer or the assisting officer believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, he or she may: (a) copy the data to a disk, tape or other associated 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 associated device at the premises; and take the device from the premises. (3) If: (a) the authorised officer or the assisting officer takes the device from the premises; and (b) the Integrity Commissioner is satisfied that the data is not required (or is no longer required) for: (i) investigating a corruption issue; or (ii) conducting a public inquiry; or (iii) judicial proceedings or administrative review proceedings; or (iv) investigating or resolving AFP conduct or practices issues under Part V of the Australian Federal Police Act 1979; the Integrity Commissioner must arrange for: (c) the removal of the data from any device in the control of ACLEI; and (d) the destruction of any other reproduction of the data in the control of ACLEI. (4) However, the Integrity Commissioner must not do so if the data is evidence that he or she must deal with in accordance with Part 10. (5) If the authorised officer or the assisting officer, 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, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced. (6) A person may seize equipment under paragraph (5)(a) only if: (a) it is not practicable to put the material in documentary form as referred to in paragraph (5)(b); or (b) possession of the equipment by the occupier could constitute an offence.