Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 219

    (1)     An executing police officer or a person assisting may operate electronic equipment at the premises to access data (including data not held at the premises) if the officer or person believes on reasonable grounds that—

        (a)     the data might be target material; and

        (b)     the equipment can be operated without damaging it.

Note     An executing police officer may obtain an order requiring a person with knowledge of a computer or computer system to provide assistance (see s 220).

    (2)     If the executing police officer or person assisting believes that any data accessed by operating the electronic equipment might be target material, the officer or person may—

        (a)     copy the data to a data storage device brought to the premises; or

        (b)     if the occupier of the premises agrees in writing—copy the data to a data storage device at the premises.

    (3)     The executing police officer or person assisting may take the device from the premises.

    (4)     The executing police officer, or a person assisting who is a police officer, may do the following things if the officer or person finds that any target material is accessible using the equipment:

        (a)     seize the equipment and any data storage 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.

    (5)     A police officer may seize equipment under subsection (4) (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 subsection (4) (b); or

        (b)     possession of the equipment by the occupier could be an offence.