(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; 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.
(2) If the * executing officer or * person assisting believes 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 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.
(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:
- (a)
- seize the equipment and any disk, tape or other similar
device;
- (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.
(4) An * authorised officer 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 in documentary form as mentioned in
paragraph (3)(b); or
- (b)
- possession of the equipment by the occupier could constitute an offence.
Commonwealth Numbered Acts