228AThe things authorised by a search warrant—additional things for digital assets

228A The things authorised by a search warrant—additional things for digital assets

Authority to seize digital assets (1) A *search warrant authorises the *executing officer or a *person assisting to *seize a *digital asset if: (a) in the course of exercising powers under this Part, the executing officer or a person assisting finds one or more things that suggest the existence of the digital asset; and (b) the executing officer or a person assisting reasonably suspects the digital asset to be: (i) *tainted property to which the warrant relates; or (ii) *evidential material in relation to property to which the warrant relates; or (iii) evidential material (within the meaning of the Crimes Act 1914) relating to an *indictable offence; and (c) the executing officer or a person assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset’s concealment, loss or destruction or its use in committing an offence.

Note: For the purposes of paragraph (a), the digital asset need not be found at the premises. Data accessed using powers under this Part may suggest the existence of the digital asset. For example, a thing suggesting the existence of the digital asset could be found by accessing data not held at the premises: see section 245.

Use of electronic equipment etc. to seize a digital asset etc. (2) A *search warrant authorises the *executing officer or a *person assisting: (a) to use: (i) a computer, or *data storage device, found in the course of a search authorised under the warrant; or (ii) a *telecommunications facility operated or provided by the Commonwealth or a *carrier; or (iii) any other electronic equipment; or (iv) a data storage device; for the purpose of *seizing a *digital asset under the warrant; and (b) if necessary to achieve that purpose—to add, copy, delete or alter *data in the computer or device mentioned in subparagraph (a)(i); and (c) if it is reasonable in all the circumstances to do so for the purpose of seizing a digital asset under the warrant: (i) to use any other computer or a *communication in transit; and (ii) if necessary to achieve that purpose—to add, copy, delete or alter data in the other computer or the communication in transit; and (d) to do any other thing reasonably incidental to any of the above. Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc. (3) A *search warrant authorises the *executing officer or a *person assisting: (a) to use: (i) a computer, or *data storage device, found in the course of a search authorised under the warrant; or (ii) a *telecommunications facility operated or provided by the Commonwealth or a *carrier; or (iii) any other electronic equipment; or (iv) a data storage device; for the purpose of obtaining access to *data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data suggests the existence of a *digital asset that may be *seized under the warrant; and (b) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and (c) if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so: (i) to use any other computer or a *communication in transit to access the relevant data; and (ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and (d) to copy any data to which access has been obtained, and that: (i) appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; or (ii) suggests the existence of a digital asset that may be seized under the warrant; and (e) to do any other thing reasonably incidental to any of the above.