Operation of electronic equipment at premises
154H Operation of electronic equipment at premises
If:
a search warrant is in force in relation to premises; and
the executing officer or an officer assisting believes on reasonable grounds that any data accessed by operating electronic equipment at the premises (including data not held at the premises) might constitute evidential material of the kind specified in the warrant;
he or she may do only 1 of 3 things.
Seizure
One thing he or she may do is seize the equipment and any disk, tape or other associated device.
Subsection (5) sets out limitations on seizure.
Removal of documents
Another thing he or she may do is operate the equipment or other facilities at the premises to put the data in documentary form and remove the documents so produced from the premises.
An executing officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance—see section 154RA.
Removal of disk, tape or other storage device
The final thing he or she may do is operate the equipment or other facilities at the premises to transfer the data to a disk, tape or other storage device that:
is brought to the premises; or
is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;
and remove the disk, tape or other storage device from the premises.
An executing officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance—see section 154RA.
Limitation on seizure
A person may seize a thing under subsection (2) only if:
it is not practicable to put the data in documentary form as mentioned in subsection (3) or to transfer the data as mentioned in subsection (4); or
possession of the thing by the occupier could constitute an offence against a law of the Commonwealth.
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