New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 76AD

76AD Applications for digital evidence access orders by email or other electronic means

(1) An application for a digital evidence access order may be made--

(a) by email, or

(b) in another way prescribed by the regulations for this section.

(2) An application for a digital evidence access order made under this section must be in the form prescribed by the regulations.

(3) An eligible issuing officer must not issue a digital evidence access order under this section unless the information given by the applicant in or in connection with the application is verified--

(a) before the eligible issuing officer on oath or affirmation, or

(b) by affidavit.

(4) An eligible issuing officer may administer an oath or affirmation or take an affidavit for the purposes of an application for a digital evidence access order.

(5) The requirement under subsection (2) for information to be verified before an eligible issuing officer is taken to be satisfied if--

(a) the applicant appears before the eligible issuing officer by audio visual link or telephone, and

(b) the eligible issuing officer administers the oath or affirmation by the same means.

(6) If the eligible issuing officer issues the order on an application made under this section, the eligible issuing officer may--

(a) email the signed warrant to the applicant, or

(b) provide the signed warrant to the applicant in any way prescribed by the regulations.