Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 541

Person with knowledge of computer or computer system to assist access etc

    (1)     An investigator may apply to a magistrate for an order requiring a stated person to provide any information or assistance that is reasonably necessary to allow the investigator or a person assisting to do 1 or more of the following:

        (a)     access data held in or accessible from a computer that is at the premises;

        (b)     copy the data to a data storage device;

        (c)     convert the data into documentary form.

    (2)     The magistrate may make an order if satisfied that—

        (a)     there are reasonable grounds for suspecting that something to which the warrant relates is accessible from the computer; and

        (b)     the stated person is—

              (i)     reasonably suspected of possessing, or having under the person's control, something to which the warrant relates; or

              (ii)     the owner or lessee of the computer; or

              (iii)     an employee or agent of the owner or lessee of the computer; and

        (c)     the stated person has knowledge of—

              (i)     the computer or a computer network of which the computer forms a part; or

              (ii)     measures applied to protect data held in or accessible from the computer.

    (3)     A person commits an offence if the person contravenes an order under this section.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     The provisions of this chapter relating to the issue of search warrants apply, with any necessary changes, to the making of an order under this section.



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