COMMONWEALTH OF AUSTRALIA CRIMES ACT 1914: SECTION 3E ES SEARCH WARRANT FOR SEARCH OF A PREMIS To: Phillippa Connell Crimes Act 1914, who is the executing officer in a constable within the meaning of th relation to this warrant; be written on this warrant in accordance And to any other constable whose name may hat constable shall be the with section of the Crimes Act 1914, in which event executing officer in relation to this warrant: BOSS l' Whereas I he Crimes Act 1914, am satisfied an issuing officer within the meaning of section 3E oft ds for suspecting that there is at by information on oath that there are reasonable groun the premises located at: Department of Parliamentary Services (DPS) Parliament House Capital Hill ACT 2600 evidential material, as defined in the Crimes Act 1914, which satisfies ALL of the following three conditions namely: First condition: Things which are: Computers including laptops, computer hard drives, tablets and equipment or any other storage medium; 0 Electronic storage devices, portable memory devices including Universal Serial Bus (USB) drives, Compact Discs (CD), Digital Versatile Discs (DVD's) and external hard drives. originals or copies of any one or more of the following, including any of them which are stored on a computer, or on a computer storage device, or on any other type of storage medium or storage device: Email account details; - Emails and email logs; 0 Internet logs; 0 Scanning logs; - Government records; Correspondence; 0 Files; Documents; Diary records; Notes; 0r Ministerial and Parliamentary Services records. Second condition: And which relate to any one or more of the following: mentar OPPOSition Office Holder suite, Level 4 North, Commonwealth Parlla Offices, 4 Treasury Place, East Melbourne, Victoria 3002; Andrew BYRNE born 11 June 1978; andy.byrne@aph.qov.au; Ryan ryan.hamilton@aph.qov.au; National Broadband Network; 0 - @nbnco.com.au; Konica Minolta Bizhub C554 - HFC Plan B: Overbuilding Optus"; . IOP 2.0 FTTN review"; 0 ?FlTN.pdf?; Corporate Plan 2013 16 v13.0?; Briefing: Multi?Technology Local Fibre Network?; Briefing: Fibre to the Distribution Point" ?Scale the Deployment Program Design and Construction?. I Docdroid.net; Scribd Documentcloud.org; Delimiter.com.au; The Australian; The Australian Financial Review; The Sydney Morning Herald; or The Australian Broadcasting Commission. Third condition: And as to which there evidence as to th are reasonable grounds for sus t- the will afford com - - pec ing a the Commonwealth: mlss'on 0f the followmg indictable offence(s) against the laws of Between 1 AUgust 2014 and 15 March 2016, in an as yet unidentified place an as unidenti?ed Commonwealth officer communicated documents relating to the National Broadband Network to Mr Andrew Walter Byrne, June 1978' Contra?! to subsection 70(1) of the Crimes Act 1914. Between 1 August 2014 and 15 March 2016, in an as yet unidentified place, Mr Andrew Walter Byrne, born 11 June 1978, did receive documents knowing at the time he was not authorised to receive the documents, contrary to section 5 79(6) of the Crimes Act 1914. Together with any storage medium or storage device which contains any of the above things and any manual, instruction, password or other thing which is needed to gain access to or interpret or decode any of the above things. I hereby issue this warrant which authorises you to enter and search the premises described above. AND by virtue of section of the Crimes Act 1914 this warrant authorises the executing of?cer or a constable assisting to do all of the following; enter the premises described above; . search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; . search the premises for any evidential material that satisfies ALL of the three conditions speci?ed above and to seize any such evidential material that may be found; seize any other thing found at executing officer or the consta be: the premises in the course of the search that the ble assisting believes on reasonable grounds to evidential material in relation to an offence to which the warrant relates; (ii) evidential material in relation to another offe - - nce offence; or that is an indictable evidential material (within the meaning of the - - roceeds of 2002) or tainted property (within the meaning of that Act) nme if the executing officer or the constable assisting believes on reasonable grounds that seizure of the thing is necessa . to prevent its conce - . in committing an offence; and alment' loss or destruct?on 0" ?5 use 3of5 seize any other thin exegutlng Officer Dr ghfound at the premises in the course of the search that the a SElZable item in th -c9n5table assisting believes on reasonable grounds to be that could be used at WIS a thing that would present a danger to a Person or to ass?St a person to escape from lawful custody. This war rant does . a SearCh of a perso:;iuthonse the executing officer or a constable assisting to condUCt 0 IS at or near the premises when the warrant is executed- And virt - lie 0f section 36 of the Crimes Act 1914, in executing this warrant: 0 th . e:xeFUt n9 Of?cer may obtain such assistance as is necessar?l a?d reasonabie In Circumstances; the Of?cer, and any constable assisting in the execution of this. warrant who is a police of?cer, may use such force against persons or things as is necessary and reasonable in the circumstances; and any person who has been authorised by the executing officer to assist in the execution of this warrant, but who is not a police of?cer, may use such force against things as is necessary and reasonable in the circumstances; And the executing of?cer or a constable assisting may exercise such other of the powers available under Division 2 of Part IAA of that Act as are appropriate in the circumstances of the case; And if you exercise the power under section of the Crimes Act 1914 to secure electronic equipment on the premises, and if you then leave the premises, this warrant authorises a further entry to the premises to allow an expert to operate the equipment, provided that the further entry is made within 24 hours or such further period as may be authorised under that Act. The offences to which this warrant relates are those specified above in the third condition. NOTE the following: "Evidential material" is de?ned in section of the Crimes Act 1914 to mean: a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form. "Thin relevant to an indictable offen - - . to mega?: ce is defined in section 3(1) of the cnmes Act 1914 either of the following: anything with respect to which an indictable offence a a' the Commonwealth or of a Territory has been committed?;E iasny law 0f suspected, on reasonable grounds, to have been committed' (ii) Exiting with respect to which a State offence that has a federal an that is an Indictable offence against the law of that State has been comm' itted or is suspect ed been committed: or on reasonable grounds: to haVe anything as to which th . Ere are afford ewdence as to reasonable grounds for suspecting that it he of any such offence; or it) anything a? - . whic mtendEd to be are reasonable grounds for suspecting that it i5 5? purpose of committing any such offence} "Thing relevant a SL1 .. . to mean: mmaw Offence is defined in section 3(1) of the Crimes Act 1914 (3) either of the following. i - a :E?i'tg'ng With respect to which a summary offence against anyr law Of ommonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed; (ii) anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law Of that Stats, has been committed or is suspected, on reasonable grounds: to have been committed; or anything as to which there are reasonable grounds for suspecting that it Wi? afford evidence as to the commission of any such offence; or anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence. Statement of rights of the occupier A statement of the rights of the occupier of premises is attached to this warrant. This warrant may be executed at any time. The time at which this warrant expires is midnight at the end of the seventh day after the day on which the warrant is issued (or lesser period). x: GIVEN under my hand at wows. in the Australian Capital Territory 21"? day of I {time}