Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 (Cth)

Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 No. 93, 2024 An Act to amend legislation relating to the criminal law, law enforcement and telecommunications, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Seizing digital assets Part 1—Main amendments Crimes Act 1914 Proceeds of Crime Act 2002 Part 2—Other amendments National Anti‑Corruption Commission Act 2022 Schedule 2—Digital currency exchanges Proceeds of Crime Act 2002 Schedule 3—Penalty unit Crimes Act 1914 Schedule 4—Communications Access Coordinator and Communications Security Coordinator Part 1—Amendments Telecommunications Act 1997 Telecommunications (Interception and Access) Act 1979 Part 2—Application, saving and transitional provisions Division 1—Telecommunications Act 1997 Division 2—Telecommunications (Interception and Access) Act 1979 Schedule 5—Information sharing between integrity agencies and oversight bodies Telecommunications (Interception and Access) Act 1979 Schedule 6—Unauthorised disclosure of information by current and former Commonwealth officers etc.—sunsetting extension Criminal Code Act 1995 Schedule 7—Meaning of hors de combat Part 1—Amendments Criminal Code Act 1995 Part 2—Application of amendment Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 No. 93, 2024 An Act to amend legislation relating to the criminal law, law enforcement and telecommunications, and for related purposes [Assented to 24 October 2024] The Parliament of Australia enacts: 1 Short title This Act is the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024. 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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 24 October 2024 2. Schedule 1 The day after the end of the period of 1 month beginning on the day this Act receives the Royal Assent. 24 November 2024 3. Schedule 2 The day after this Act receives the Royal Assent. 25 October 2024 4. Schedule 3 The 14th day after this Act receives the Royal Assent. 7 November 2024 5. Schedules 4 to 6 The day after this Act receives the Royal Assent. 25 October 2024 6. Schedule 7, Part 1 26 September 2002. 26 September 2002 7. Schedule 7, Part 2 The day after this Act receives the Royal Assent. 25 October 2024 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—Seizing digital assets Part 1—Main amendments 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(8). 2 At the end of subsection 3E(5) Add: Note: The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 3FA(10). 3 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 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 Section 3F (heading) Repeal the heading, substitute: 3F The things authorised by a search warrant—general 6 After section 3F Insert: 3FA The things authorised by a search warrant—additional things for digital assets Warrant in relation to premises—authority to seize digital assets (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 a 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 a 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. 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. Warrant in relation to person—authority to seize digital assets (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 a 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 a 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. 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. Use of electronic equipment etc. to seize a digital asset etc. (3) A warrant that is in force authorises the executing officer or a constable assisting: (a) to use: (i) a computer, or data storage device, found in the course of a search authorised under the warrant; or (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or (iii) any other electronic equipment; or (iv) a data storage device; for the purpose of seizing a digital asset under the warrant; and (b) if necessary to achieve that purpose—to add, copy, delete or alter data in the computer or device mentioned in subparagraph (a)(i); and (c) if it is reasonable in all the circumstances to do so for the purpose of seizing a digital asset under the warrant: (i) to use any other computer or a communication in transit; and (ii) if necessary to achieve that purpose—to add, copy, delete or alter data in the other computer or the communication in transit; and (d) to do any other thing reasonably incidental to any of the above. Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc. (4) A warrant that is in force authorises the executing officer or a constable assisting: (a) to use: (i) a computer, or data storage device, found in the course of a search authorised under the warrant; or (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or (iii) any other electronic equipment; or (iv) a data storage device; for the purpose of obtaining access to data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; and (b) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and (c) 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: (i) to use any other computer or a communication in transit to access the relevant data; and (ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and (d) to copy any data to which access has been obtained, and that: (i) appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; or (ii) suggests the existence of a digital asset that may be seized under the warrant; and (e) to do any other thing reasonably incidental to any of the above. Note: 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). (5) A warrant that is in force authorises the executing officer or a constable assisting: (a) to use: (i) a computer found in the course of a search authorised under the warrant; or (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or (iii) any other electronic equipment; for the purpose of obtaining access to data (the relevant account‑based data) that is account‑based data in relation to: (iv) a person who is the owner or lessee of the computer mentioned in subparagraph (i); or (v) a person who uses or has used the computer mentioned in subparagraph (i); or (vi) a deceased person who, before the person's death, was the owner or lessee of the computer mentioned in subparagraph (i); or (vii) a deceased person who, before the person's death, used the computer mentioned in subparagraph (i); in order to determine whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; and (b) 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 (c) 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: (i) to use any other computer or a communication in transit to access the relevant account‑based data; and (ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and (d) to copy any data to which access has been obtained, and that: (i) appears to be relevant for the purposes of determining whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; or (ii) suggests the existence of a digital asset that may be seized under the warrant; and (e) to do any other thing reasonably incidental to any of the above. Limitation (6) Subsections (3), (4) and (5) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to: (a) materially interfere with, interrupt or obstruct: (i) a communication in transit; or (ii) the lawful use by other persons of a computer; unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or (b) cause any other material loss or damage to other persons lawfully using a computer. Operation of electronic equipment to seize a digital asset (7) A warrant that is in force also authorises the executing officer or a constable assisting: (a) for a warrant in relation to premises—to operate electronic equipment at the premises for the purpose of seizing a digital asset under the warrant; and (b) if electronic equipment is moved to another place under subsection 3K(2)—to operate the equipment for the purpose of seizing a digital asset under the warrant. Additional ways of seizing digital assets (8) 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 etc. (9) The power to seize a digital asset under the warrant, or a power covered by subsection (3) or paragraph (7)(b) relating to seizing a digital asset under the warrant, may 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, only 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 this Division—the time the Commissioner is satisfied that the data is not required (or is no longer required): (i) for a purpose mentioned in section 3ZQU; or (ii) for other judicial or administrative review proceedings; or (d) otherwise—the end of the period of 30 days starting on the day the warrant is issued. Note: 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. 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. (10) If the period applicable under subsection (9) ends after the warrant expires, the powers referred to in that subsection may be exercised during that period as if the warrant were still in force. Things done in relation to warrants may be done remotely etc. (11) For a warrant related to premises, it is immaterial whether: (a) a digital asset is seized, as described in this section, at the premises or at any other place; or (b) a thing mentioned in subsection (3), (4) or (5) is done at the premises or at any other place. (12) For a warrant related to a person, it is immaterial whether: (a) a digital asset is seized, as described in this section, in the presence of the person or at any other place; or (b) a thing mentioned in subsection (3), (4) or (5) is done in the presence of the person or at any other place. 7 At the end of subsection 3K(1) Add "or a thing that suggests the existence of a digital asset that may be seized under the warrant". 8 Subsection 3K(2) Omit "in order to determine whether it may be seized under a warrant", substitute "in order to determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant,". 9 Subparagraph 3K(2)(a)(ii) After "evidential material", insert "or the thing suggests the existence of a digital asset that may be seized under a warrant". 10 Subsection 3K(4) After "thing that may be seized under the warrant", insert ", or a thing that suggests the existence of a digital asset that may be seized under the warrant,". 11 Paragraphs 3K(5)(a) and (d) After "is a thing that may be seized under the warrant", insert "or a thing that suggests the existence of a digital asset that may be seized under the warrant". 12 Paragraphs 3K(6)(a) and (d) After "is a thing that may be seized under the warrant", insert "or a thing that suggests the existence of a digital asset that may be seized under the warrant". 13 Subparagraphs 3K(7)(a)(iii) and (iv) After "is a thing that may be seized under the warrant", insert ", or a thing that suggests the existence of a digital asset that may be seized under the warrant,". 14 At the end of subsection 3L(1) Add "or suggests the existence of a digital asset that may be seized under the warrant". 15 Subsection 3L(1A) After "constitutes evidential material", insert "or suggests the existence of a digital asset that may be seized under the warrant". 16 Subsection 3L(2) After "doing so", insert "or finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under the warrant". 17 Paragraph 3L(2)(b) After "material" (wherever occurring), insert "or thing". 18 Paragraph 3L(3)(a) After "material", insert "or thing". 19 Subsection 3LAA(2) After "constitutes evidential material,", insert "or suggests the existence of a digital asset that may be seized under a warrant,". 20 Subsection 3LAA(4) After "doing so", insert "or finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under a warrant". 21 Paragraph 3LAA(4)(b) After "material" (wherever occurring), insert "or thing". 22 Paragraph 3LAA(5)(a) After "material", insert "or thing". 23 Paragraph 3LAA(5)(b) Omit "paragraph 3K(2)(a) or (b)", substitute "paragraph 3K(2)(b) or (c)". 24 Paragraph 3M(1)(a) Before "section 3K", insert "subsection 3FA(7) or". 25 After paragraph 3N(2)(a) Insert: (aaa) the thing that has been seized is a digital asset or a thing that suggests the existence of a digital asset; or 26 Subsection 3ZQV(2) After "evidential material", insert ", or whether data that suggests the existence of a digital asset that may be seized under a warrant,". Proceeds of Crime Act 2002 27 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 28 At the end of subsection 227(1) Add: Note: The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 228A(8). 29 Section 228 (heading) Repeal the heading, substitute: 228 The things authorised by a search warrant—general 30 At the end of Subdivision A of Division 1 of Part 3‑5 Add: 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 a 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 a 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. 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. Use of electronic equipment etc. to seize a digital asset etc. (2) A *search warrant authorises the *executing officer or a *person assisting: (a) to use: (i) a computer, or *data storage device, found in the course of a search authorised under the warrant; or (ii) a *telecommunications facility operated or provided by the Commonwealth or a *carrier; or (iii) any other electronic equipment; or (iv) a data storage device; for the purpose of *seizing a *digital asset under the warrant; and (b) if necessary to achieve that purpose—to add, copy, delete or alter *data in the computer or device mentioned in subparagraph (a)(i); and (c) if it is reasonable in all the circumstances to do so for the purpose of seizing a digital asset under the warrant: (i) to use any other computer or a *communication in transit; and (ii) if necessary to achieve that purpose—to add, copy, delete or alter data in the other computer or the communication in transit; and (d) to do any other thing reasonably incidental to any of the above. Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc. (3) A *search warrant authorises the *executing officer or a *person assisting: (a) to use: (i) a computer, or *data storage device, found in the course of a search authorised under the warrant; or (ii) a *telecommunications facility operated or provided by the Commonwealth or a *carrier; or (iii) any other electronic equipment; or (iv) a data storage device; for the purpose of obtaining access to *data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data suggests the existence of a *digital asset that may be *seized under the warrant; and (b) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and (c) 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: (i) to use any other computer or a *communication in transit to access the relevant data; and (ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and (d) to copy any data to which access has been obtained, and that: (i) appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; or (ii) suggests the existence of a digital asset that may be seized under the warrant; and (e) to do any other thing reasonably incidental to any of the above. Note: 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). Limitation (4) Subsections (2) and (3) do not authorise the addition, deletion or alteration of *data, or the doing of any thing, that is likely to: (a) materially interfere with, interrupt or obstruct: (i) a *communication in transit; or (ii) the lawful use by other persons of a computer; unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or (b) cause any other material loss or damage to other persons lawfully using a computer. Operation of electronic equipment to seize a digital asset (5) A *search warrant also authorises the *executing officer or a *person assisting: (a) to operate electronic equipment at the *premises for the purpose of *seizing a *digital asset under the warrant; and (b) if electronic equipment is moved to another place under subsection 244(1)—to operate the equipment for the purpose of seizing a digital asset under the warrant. Additional ways of seizing digital assets (6) 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 etc. (7) The power to *seize a *digital asset under the *search warrant, or a power covered by subsection (2) or paragraph (5)(b) relating to seizing a digital asset under the search warrant, may be exercised, to the extent that the exercise of the power relates to a thing referred to in paragraph (1)(a) for the warrant, only during the period starting when the warrant is issued and ending at: (a) if the thing is moved to another place under subsection 244(1)—the time applicable under subsection 244(2) 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) if the thing is *data that is copied under this Division—the time the head of the *enforcement agency covered by subsection 225(3) is satisfied that the data is not required (or is no longer required): (i) for a purpose mentioned in section 266A; or (ii) for other judicial or administrative review proceedings; or (d) otherwise—the end of the period of 30 days starting on the day the warrant is issued. Note: 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. 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. (8) If the period applicable under subsection (7) ends after the *search warrant expires, the powers referred to in that subsection may be exercised during that period as if the warrant were still in force. Things done in relation to warrants may be done remotely etc. (9) It is immaterial whether: (a) a *digital asset is *seized, as described in this section, at the *premises that are the subject of the *search warrant or at any other place; or (b) a thing mentioned in subsection (2) or (3) is done at the premises that are the subject of the search warrant or at any other place. 31 At the end of subsection 243(1) Add "or it is a thing that suggests the existence of a *digital asset that may be *seized under the search warrant in question". 32 Subsection 244(1) Omit "in order to determine whether it may be seized under a *search warrant", substitute "in order to determine whether the thing may be seized under a *search warrant, or the thing suggests the existence of a *digital asset that may be *seized under a search warrant,". 33 Subparagraph 244(1)(a)(i) After "*evidential material", insert "or the thing suggests the existence of a digital asset that may be seized under a search warrant". 34 Paragraph 245(1)(a) After "*evidential material", insert "or might suggest the existence of a *digital asset that may be *seized under a *search warrant". 35 Subsection 245(2) After "*evidential material", insert "or might suggest the existence of a *digital asset that may be *seized under a *search warrant". 36 Subsection 245(3) After "accessible using the equipment", insert "or finds a thing (whether or not held on the equipment) that suggests the existence of a *digital asset that may be *seized under a *search warrant". 37 Paragraph 245(3)(b) After "material" (wherever occurring), insert "or thing". 38 Subsection 245(4) Omit "An *authorised officer", substitute "The *executing officer or a *person assisting". 39 Paragraph 245(4)(a) After "material", insert "or thing". 40 Paragraph 248(1)(a) Before "section 243", insert "subsection 228A(5) or". 41 After paragraph 249(3)(a) Insert: (aa) the thing that has been *seized is a *digital asset or a thing that suggests the existence of a digital asset; or 42 Section 338 Insert: carrier means: (a) a carrier within the meaning of the Telecommunications Act 1997; or (b) a carriage service provider within the meaning of that Act. communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act). 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(6). telecommunications