Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 154RA

Person with computer knowledge to assist access etc.

  (1)   The executing officer for a search warrant 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 the officer to do one or more of the following:

  (a)   access data held in, or accessible from, a computer that is on premises to which the warrant relates;

  (b)   transfer the data to a disk, tape or other storage device;

  (c)   convert the data into documentary form.

  (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; and

  (b)   the specified person is:

  (i)   reasonably suspected of having committed the contravention, or one or more of the contraventions, stated in the search warrant; or

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

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

  (c)   the specified person has relevant 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:

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

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the order.

Penalty for a contravention of this subsection:   Imprisonment for 6   months.


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