Crimes Act 1914

A warrant that is in force in relation to premises authorises the executing officer or a constable assisting:

to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and

to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and

to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

evidential material in relation to an offence to which the warrant relates; or

evidential material in relation to another offence that is an indictable offence; or

evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items; and

if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

A warrant that is in force in relation to a person authorises the executing officer or a constable assisting:

to search the person as specified in the warrant and things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and

to:

seize things of that kind; or

record fingerprints from things; or

to take forensic samples from things;

to seize other things found on or in the possession of the person or in the conveyance in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

evidential material in relation to an offence to which the warrant relates; or

a thing relevant to another offence that is an indictable offence; or

evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

to seize other things found in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.

A warrant that is in force authorises the executing officer or a constable assisting:

to use:

a computer, or data storage device, found in the course of a search authorised under the warrant; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and

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:

to use any other computer or a communication in transit to access the relevant data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

to copy any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant data is evidential material of a kind specified in the warrant; or

is evidential material of a kind specified in the warrant; and

to do any other thing reasonably incidental to any of the above.

As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).

A warrant that is in force authorises the executing officer or a constable assisting:

to use:

a computer found in the course of a search authorised under the warrant; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment;

a person who is the owner or lessee of the computer mentioned in subparagraph (i); or

a person who uses or has used the computer mentioned in subparagraph (i); or

a deceased person who, before the person’s death, was the owner or lessee of the computer mentioned in subparagraph (i); or

a deceased person who, before the person’s death, used the computer mentioned in subparagraph (i);

if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and

if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:

to use any other computer or a communication in transit to access the relevant account‑based data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

to copy any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant account‑based data is evidential material of a kind specified in the warrant; or

is evidential material of a kind specified in the warrant; and

to do any other thing reasonably incidental to any of the above.

Subsections (2A) and (2B) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

cause any other material loss or damage to other persons lawfully using a computer.

In the case of a warrant that is in force in relation to premises, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:

at the premises; or

at any other place.

In the case of a warrant that is in force in relation to a person, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:

in the presence of the person; or

at any other place.

If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.