Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 3LA

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

             (1)  A constable may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a constable to do one or more of the following:

                     (a)  access data held in, or accessible from, a computer or data storage device that:

                              (i)  is on warrant premises; or

                            (ia)  is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 3E; or

                             (ii)  has been moved under subsection 3K(2) and is at a place for examination or processing; or

                            (iii)  has been seized under this Division;

                     (b)  copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;

                     (c)  convert into documentary form or another form intelligible to a constable:

                              (i)  data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or

                             (ii)  data held in a data storage device to which the data was copied as described in paragraph (b); or

                            (iii)  data held in a data storage device removed from warrant premises under subsection 3L(1A).

             (2)  The magistrate may grant the order if the magistrate is satisfied that:

                     (a)  there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device; and

                     (b)  the specified person is:

                              (i)  reasonably suspected of having committed the offence stated in the relevant warrant; or

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

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

                            (iv)  a person engaged under a contract for services by the owner or lessee of the computer or device; or

                             (v)  a person who uses or has used the computer or device; or

                            (vi)  a person who is or was a system administrator for the system including the computer or device; and

                     (c)  the specified person has relevant knowledge of:

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

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

             (3)  If:

                     (a)  the computer or data storage device that is the subject of the order is seized under this Division; and

                     (b)  the order was granted on the basis of an application made before the seizure;

the order does not have effect on or after the seizure.

Note:          An application for another order under this section relating to the computer or data storage device may be made after the seizure.

             (4)  If the computer or data storage device is not on warrant premises, the order must:

                     (a)  specify the period within which the person must provide the information or assistance; and

                     (b)  specify the place at which the person must provide the information or assistance; and

                     (c)  specify the conditions (if any) determined by the magistrate as the conditions to which the requirement on the person to provide the information or assistance is subject.

Offences

             (5)  A person commits an offence if:

                     (a)  the person is subject to an order under this section; and

                     (b)  the person is capable of complying with a requirement in the order; and

                     (c)  the person omits to do an act; and

                     (d)  the omission contravenes the requirement.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (6)  A person commits an offence if:

                     (a)  the person is subject to an order under this section; and

                     (b)  the person is capable of complying with a requirement in the order; and

                     (c)  the person omits to do an act; and

                     (d)  the omission contravenes the requirement; and

                     (e)  the offence to which the relevant warrant relates is:

                              (i)  a serious offence; or

                             (ii)  a serious terrorism offence.

Penalty for contravention of this subsection:        Imprisonment for 10 years or 600 penalty units, or both.



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