A Bill for an Act to amend legislation relating to the criminal law, law enforcement and proceeds of crime, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Crimes Legislation Amendment (Ransomware Action Plan) Act 2022.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments of the Criminal Code
Criminal Code Act 1995
1 Section 476.3 of the Criminal Code
Repeal the section, substitute:
476.3 Geographical jurisdiction
(1) A person does not commit an offence against this Part unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(c) the conduct constituting the alleged offence occurs wholly outside Australia and:
(i) at the time of the alleged offence, the person is an Australian citizen; or
(ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) the conduct constituting the alleged offence occurs wholly outside Australia and the condition in subsection (2) is satisfied; or
(e) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia;
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(1).
(2) For the purposes of paragraph (1)(d), the condition in this subsection is satisfied if:
(a) the conduct constituting the alleged offence relates to:
(i) unauthorised access to data held in a computer; or
(ii) unauthorised modification of data held in a computer; or
(iii) unauthorised impairment of electronic communication of data to or from a computer; or
(iv) unauthorised impairment of the reliability, security or operation of any data held on a computer disk, credit card or other device used to store data by electronic means; and
(b) at the time of the unauthorised access, modification or impairment mentioned in paragraph (a), that data is under the control of, or owned by, a person who is:
(i) a resident of Australia and is physically present in Australia; or
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;
regardless of whether the computer or device mentioned in paragraph (a) is in the person’s possession; and
(c) at the time of the unauthorised access, modification or impairment mentioned in paragraph (a), that data is reasonably capable of being accessed within Australia.
(3) For the purposes of paragraphs (2)(b) and (c), disregard any effect on the control or accessibility of data caused by the unauthorised access, modification or impairment mentioned in paragraph (2)(a).
Defence—primary offence
(4) A person does not commit an offence against this Part if:
(a) the alleged offence is a primary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(d) paragraph (1)(d) does not apply; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(6) A person does not commit an offence against this Part if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) paragraph (1)(d) does not apply (and would not apply if the conduct or result described in paragraph (c) of this subsection occurred as intended); and
(f) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6). See subsection 13.3(3).
(7) For the purposes of the application of subsection 13.3(3) to an offence, subsection (6) of this section is taken to be an exception provided by the law creating the offence.
Extended application of sections 16.1, 16.2, 16.3 and 16.4
(8) Section 16.1, except paragraph 16.1(1)(a), applies in relation to an offence against this Part (in addition to the application of that section apart from this subsection).
Note: Section 16.1 requires the Attorney‑General’s consent for prosecution of an offence if the alleged conduct occurred wholly in a foreign country in certain circumstances.
(9) Sections 16.2, 16.3 and 16.4 apply for the purposes of this section in the same way as they apply for the purposes of Part 2.7.
Note: Section 16.2 treats the sending of things and electronic communications into and out of Australia as conduct occurring partly in Australia. Section 16.3 affects the meaning of Australia. Section 16.4 affects the meaning of result of conduct.
2 At the end of Division 477 of the Criminal Code
Add:
477.4 Extorting victim of unauthorised access etc.
(1) A person (the first person) commits an offence if:
(a) any of the following (whether or not caused by the first person) is occurring or has occurred:
(i) any unauthorised access to data held in a computer;
(ii) any unauthorised modification of data held in a computer;
(iii) any unauthorised impairment of electronic communication of data to or from a computer;
(iv) any unauthorised impairment of the reliability, security or operation of any data held on a computer disk, credit card or other device used to store data by electronic means; and
(b) that unauthorised access, modification or impairment involves a computer in the possession of, or data under the control of or owned by, another person (the victim); and
(c) the first person makes a threat to the victim in relation to that computer or data; and
(d) the threat is made using a carriage service; and
(e) the first person makes the threat with the intention of compelling the victim to do or omit to do an act.
Penalty: Imprisonment for 10 years.
(2) For the purposes of paragraph (1)(b), disregard any effect on the control of data caused by the unauthorised access, modification or impairment mentioned in paragraph (1)(a).
(3) Absolute liability applies to paragraph (1)(d).
(4) In a prosecution for an offence against this section, it is not necessary to prove that the victim was actually compelled to do or omit to do the act mentioned in paragraph (1)(e).
Meaning of data under the control of a person
(5) A reference in this section to data under the control of a person includes a reference to data under the control of the person that is held in a computer in the possession of another person.
3 Subsection 478.1(1) of the Criminal Code (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
4 Section 478.2 of the Criminal Code (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
5 Subparagraph 478.3(1)(b)(i) of the Criminal Code
After “Division 477”, insert “or section 478.1 or 478.2”.
6 Subsection 478.3(1) of the Criminal Code (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
7 Subsection 478.3(2) of the Criminal Code
Omit “against Division 477”, substitute “mentioned in subparagraph (1)(b)(i)”.
8 Paragraph 478.4(1)(a) of the Criminal Code
After “obtains data”, insert “, or solicits the production, supply or obtaining of data”.
9 Subparagraph 478.4(1)(b)(i) of the Criminal Code
After “Division 477”, insert “or section 478.1 or 478.2”.
10 Subsection 478.4(1) of the Criminal Code (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
11 At the end of Division 478 of the Criminal Code
Add:
478.5 Dealing with data obtained by unauthorised access or modification
(1) A person commits an offence if:
(a) the person dishonestly:
(i) obtains data held in a computer; or
(ii) causes any access to data held in a computer; or
(iii) causes any modification of data held in a computer; or
(iv) causes any release of data held in a computer to one or more other persons; and
(b) the person does so using a carriage service; and
(c) that data has been obtained (whether or not by the person) by:
(i) any unauthorised access to data held in a computer; or
(ii) any unauthorised modification of data held in a computer.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to paragraph (1)(b).
(3) For the purposes of subsection (1), dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people.
(4) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.
12 At the end of Part 10.7 of the Criminal Code
Add:
Division 479—Aggravated computer offences
479.1 Aggravated offence—critical infrastructure assets
(1) A person commits an offence if:
(a) the person commits an offence against section 477.2, 477.3, 478.1 or 478.2 (the underlying offence); and
(b) the person intends to cause an impact (whether direct or indirect) on:
(i) the availability, integrity or reliability of a critical infrastructure asset; or
(ii) the confidentiality of information about or stored in, or the confidentiality of, a critical infrastructure asset.
Penalty: Imprisonment for 25 years.
(2) There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described) for the underlying offence.
(3) To avoid doubt:
(a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and
(b) a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.
(4) In a prosecution for an offence against this section, it is not necessary to prove that the person actually caused the impact mentioned in paragraph (1)(b).
Alternative verdicts
(5) If, on a trial of a person for an offence against subsection (1), the trier of fact:
(a) is not satisfied that the person is guilty of that offence; and
(b) is satisfied beyond reasonable doubt that the person is guilty of the underlying offence;
it may find the person not guilty of the offence against subsection (1) but guilty of the underlying offence.
(6) Subsection (5) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the underlying offence.
Meaning of critical infrastructure asset
(7) In this section, a reference to a critical infrastructure asset is a reference to a critical infrastructure asset within the meaning of the Security of Critical Infrastructure Act 2018.
479.2 Aggravated offence—producing, supplying or obtaining data under arrangement for payment
(1) A person commits an offence if:
(a) the person commits an offence against subsection 478.4(1) (the underlying offence); and
(b) any of the following circumstances exist in relation to the commission of the underlying offence:
(i) the person produces or supplies data as mentioned in paragraph 478.4(1)(a) under an arrangement for the person to receive a payment;
(ii) the person obtains data as mentioned in paragraph 478.4(1)(a) under an arrangement for the person to make a payment;
(iii) the person solicits the production or supply of data as mentioned in paragraph 478.4(1)(a) under an arrangement for the person to receive a payment;
(iv) the person solicits the obtaining of data as mentioned in paragraph 478.4(1)(a) under an arrangement for the person to make a payment.
Penalty: Imprisonment for 10 years.
(2) There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described) for the underlying offence.
(3) To avoid doubt:
(a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and
(b) a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.
Alternative verdicts
(4) If, on a trial of a person for an offence against subsection (1), the trier of fact:
(a) is not satisfied that the person is guilty of that offence; and
(b) is satisfied beyond reasonable doubt that the person is guilty of the underlying offence;
it may find the person not guilty of the offence against subsection (1) but guilty of the underlying offence.
(5) Subsection (4) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the underlying offence.
Meaning of payment
(6) In this section:
(a) a reference to making a payment includes a reference to giving property; and
(b) a reference to receiving a payment includes a reference to being given property.
Schedule 2—Cryptocurrency exchanges
Proceeds of Crime Act 2002
1 Paragraph 7(aa)
After “withdrawals from”, insert “or transactions involving”.
2 Subsection 15B(1)
After “withdrawal from”, insert “or transaction involving”.
3 Section 15K (heading)
Omit “withdrawal”, substitute “withdrawals or transactions”.
4 Section 15K
After “withdrawal from”, insert “or transaction involving”.
5 Paragraph 15L(a)
After “withdrawal from”, insert “or transaction involving”.
6 Paragraph 15L(c)
After “withdrawal”, insert “or transaction”.
7 Section 15Q (heading)
Omit “withdrawal”, substitute “withdrawals or transactions”.
8 Subsection 15Q(1)
After “withdrawal from”, insert “or transaction involving”.
9 Section 338 (definition of account)
Omit “or allows withdrawals”, substitute “, or allows withdrawals or transactions,”.
10 Section 338 (after paragraph (e) of the definition of account)
Insert:
; and (ea) an account relating to *digital currency, including:
(i) an account representing an amount of digital currency; and
(ii) an account provided as part of a *digital currency exchange.
11 Section 338 (at the end of the definition of account)
Add:
; or (h) in the case of an account relating to digital currency—the balance of the account is expressed as an amount of digital currency, Australian currency or any other currency.
12 Section 338
Insert:
digital currency has the meaning given by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
digital currency exchange means a registrable digital currency exchange service (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006).
13 Section 338 (at the end of the definition of financial institution)
Add:
; or (i) a corporation to which paragraph 51(xx) of the Constitution applies that provides a *digital currency exchange.
14 At the end of Schedule 2
Add:
Part 3—Crimes Legislation Amendment (Ransomware Action Plan) Act 2022
9 Amendments made by Schedule 2 to the Crimes Legislation Amendment (Ransomware Action Plan) Act 2022
The amendments made by Schedule 2 to the Crimes Legislation Amendment (Ransomware Action Plan) Act 2022 apply in relation to a notice given under clause 12 of Schedule 1 to this Act on or after the commencement of this clause:
(a) whether currency, property or a thing to which the notice relates was acquired before, on or after that commencement; and
(b) whether conduct or a crime to which the notice relates happened before, on or after that commencement.
15 Application of amendments
(1) The amendments made by this Schedule, to the extent that they relate to an order under Part 2‑1A or 3‑4 of the Proceeds of Crime Act 2002, apply in relation to an application made under that Part on or after the commencement of this item:
(a) whether currency, property or a thing to which the application relates was acquired before, on or after that commencement; and
(b) whether conduct or a crime to which the application relates happened before, on or after that commencement.
(2) The amendments made by this Schedule apply in relation to a notice given under section 213 of the Proceeds of Crime Act 2002 on or after the commencement of this item:
(a) whether currency, property or a thing to which the notice relates was acquired before, on or after that commencement; and
(b) whether conduct or a crime to which the notice relates happened before, on or after that commencement.
Schedule 3—Seizing digital assets
Crimes Act 1914
1 Subsection 3C(1)
Insert:
digital asset means:
(a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:
(i) a type of distributed ledger technology; or
(ii) another distributed cryptographically verifiable data structure; or
(b) a right or thing prescribed by the regulations;
but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Part.
seize, for a digital asset, has a meaning affected by subsection 3FA(3).
2 After paragraph 3E(6)(a)
Insert:
(aa) that the warrant authorises the seizure of a digital asset if paragraphs 3FA(1)(a) to (c) are satisfied; and
3 At the end of subsection 3E(6)
Add:
For the purposes of paragraph (aa), the warrant is to reproduce the content of paragraphs 3FA(1)(a) to (c).
4 After paragraph 3E(7)(a)
Insert:
(aa) that the warrant authorises the seizure of a digital asset if paragraphs 3FA(2)(a) to (c) are satisfied; and
5 At the end of subsection 3E(7)
Add:
For the purposes of paragraph (aa), the warrant is to reproduce the content of paragraphs 3FA(2)(a) to (c).
6 Section 3F (heading)
Repeal the heading, substitute:
3F The things authorised by a search warrant—general
7 After section 3F
Insert:
3FA The things authorised by a search warrant—additional things for digital assets
Warrants in force in relation to premises
(1) A warrant that is in force in relation to premises authorises the executing officer or a constable assisting to seize a digital asset if:
(a) in the course of exercising powers under this Part, the executing officer or constable assisting finds one or more things that suggest the existence of the digital asset; and
(b) the executing officer or a constable assisting reasonably suspects the digital asset to be:
(i) evidential material in relation to an offence to which the warrant relates; or
(ii) evidential material in relation to another offence that is an indictable offence; or
(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and
(c) the executing officer or the constable 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 or be the digital asset itself. For example, a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the premises (see section 3LAA).
Warrants in force in relation to persons
(2) A warrant that is in force in relation to a person authorises the executing officer or a constable assisting to seize a digital asset if:
(a) in the course of exercising powers under this Part, the executing officer or constable assisting finds one or more things that suggest the existence of the digital asset; and
(b) the executing officer or a constable assisting reasonably suspects the digital asset to be:
(i) evidential material in relation to an offence to which the warrant relates; or
(ii) evidential material in relation to another offence that is an indictable offence; or
(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and
(c) the executing officer or the constable 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 in the person’s possession. Data accessed using powers under this Part may suggest the existence of the digital asset or be the digital asset itself. For example, a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the person’s possession (see section 3LAA).
Additional ways of seizing digital assets
(3) Seizing a digital asset under a warrant includes any of the following:
(a) transferring the digital asset from an existing digital wallet (or some other thing) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;
(b) transferring the digital asset:
(i) from a digital wallet (or some other thing) recreated or recovered by the Australian Federal Police or a police force or police service of a State or Territory using things found in the course of the search authorised by the warrant; and
(ii) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;
(c) transferring the digital asset in circumstances prescribed by regulations made for the purposes of this paragraph.
Note: The ordinary meaning of seizing a digital asset is extended by the additional ways mentioned in this subsection.
Time limit for seizing digital assets
(4) The power to seize a digital asset under the warrant may only be exercised, to the extent that the exercise of the power relates to a thing referred to in paragraph (1)(a) or (2)(a) for the warrant, during the period starting when the warrant is issued and ending at:
(a) if the thing is moved to another place under subsection 3K(2)—the time applicable under subsection 3K(3A) or that time as previously extended as described in subsection 3K(3B); or
(b) if the thing is seized under this Division—any time that the thing must be returned as described in Subdivision B of Division 4C of this Part; or
(c) if the thing is data that is copied under subsection 3L(1A) or 3LAA(2)—the time the Commissioner is satisfied the data is not required (or is no longer required) as described in paragraph 3L(1B)(b) or subsection 3LAA(3); or
(d) otherwise—the end of the period of 30 days starting on the day the warrant is issued.
Note 1: This means the power to seize the digital asset may be exercised at different times if there is more than one thing referred to in paragraph (1)(a) or (2)(a) that suggests the existence of the digital asset.
Note 2: For example, if 2 or more things referred to in paragraph (1)(a) or (2)(a) suggest the existence of the digital asset, seizure of the digital asset may occur during the longest period that applies to the digital asset as a result of the application of this subsection in relation to each of those things.
Things done in relation to warrants may be done remotely etc.
(5) For a warrant related to premises, it is immaterial whether the digital asset is seized as described in this section:
(a) at the premises; or
(b) at any other place.
(6) For a warrant related to a person, it is immaterial whether the digital asset is seized as described in this section:
(a) in the presence of the person; or
(b) at any other place.
Proceeds of Crime Act 2002
8 After paragraph 227(1)(h)
Insert:
(haa) that the warrant authorises the *seizure of a *digital asset if paragraphs 228A(1)(a) to (c) are satisfied; and
9 At the end of subsection 227(1)
Add:
For the purposes of paragraph (haa), the warrant is to reproduce the content of paragraphs 228A(1)(a) to (c).
10 Section 228 (heading)
Repeal the heading, substitute:
228 The things authorised by a search warrant—general
11 After section 228
Insert:
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 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 the 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 or be the digital asset itself. 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).
Additional ways of seizing digital assets
(2) Seizing a *digital asset under a *search warrant includes any of the following:
(a) transferring the digital asset from an existing digital wallet (or some other thing) to a digital wallet (or other thing) controlled by an *enforcement agency;
(b) transferring the digital asset:
(i) from a digital wallet (or some other thing) recreated or recovered by an enforcement agency using things found in the course of the search authorised by the warrant; and
(ii) to a digital wallet (or other thing) controlled by an enforcement agency;
(c) transferring the digital asset in circumstances prescribed by regulations made for the purposes of this paragraph.
Note: The ordinary meaning of seizing a digital asset is extended by the additional ways mentioned in this subsection.
Time limit for seizing digital assets
(3) The power to *seize a *digital asset under the *search warrant may only be exercised, to the extent that the exercise of the power relates to a thing referred to in paragraph (1)(a) for the warrant, during the period starting when the warrant is issued and ending at:
(a) if the thing is moved to another place under subsection 244(2)—the time applicable under that subsection or that time as previously extended as described in subsection 244(3); or
(b) if the thing is seized under this Part—any time that the thing must be returned as described in Subdivision B or C of Division 3 of this Part; or
(c) otherwise—the end of the period of 30 days starting on the day the warrant is issued.
Note 1: This means the power to seize the digital asset may be exercised at different times if there is more than one thing referred to in paragraph (1)(a) that suggests the existence of the digital asset.
Note 2: For example, if 2 or more things referred to in paragraph (1)(a) suggest the existence of the digital asset, seizure of the digital asset may occur during the longest period that applies to the digital asset as a result of the application of this subsection in relation to each of those things.
Things done in relation to warrants may be done remotely etc.
(4) It is immaterial whether the *digital asset is *seized as described in this section:
(a) at the premises that is the subject of the *search warrant; or
(b) at any other place.
12 Section 338
Insert:
digital asset means:
(a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:
(i) a type of distributed ledger technology; or
(ii) another distributed cryptographically verifiable data structure; or
(b) a right or thing prescribed by the regulations;
but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Act.
seize, for a *digital asset, has a meaning affected by subsection 228A(2).
13 Application of amendments
(1) The amendments of the Crimes Act 1914 made by this Schedule apply in relation to an application for a search warrant under Division 2 of Part IAA of that Act on or after the commencement of this item:
(a) whether property or a thing to which the application relates was acquired before, on or after that commencement; and
(b) whether conduct or a crime to which the application relates occurred before, on or after that commencement.
(2) The amendments of the Proceeds of Crime Act 2002 made by this Schedule apply in relation to an application for a search warrant under Part 3‑5 of that Act on or after the commencement of this item:
(a) whether property or a thing to which the application relates was acquired before, on or after that commencement; and
(b) whether conduct or a crime to which the application relates occurred before, on or after that commencement.