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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