New South Wales Consolidated Acts

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

76AF Information in applications for digital evidence access orders

(1) An application for a digital evidence access order must include the following information--

(a) the name of the applicant,

(b) details of the search warrant or crime scene warrant to which the application is connected,

(c) details of the specified person in relation to whom it is proposed the digital evidence access order will be issued,

(d) particulars of the grounds on which the application is based, including the grounds for suspecting--

(i) for a digital evidence access order in connection with a search warrant under the Crime Commission Act 2012 --material connected with a matter being investigated under that Act is held in or accessible from the computer to which the application relates, or

(ia) for a digital evidence access order in connection with a search warrant under the Independent Commission Against Corruption Act 1988 --material connected with a matter being investigated under that Act is held in or accessible from the computer to which the application relates, or

(ib) for a digital evidence access order in connection with a search warrant under the Law Enforcement Conduct Commission Act 2016 --material connected with a matter being investigated under that Act is held in or accessible from the computer to which the application relates, or

(ii) otherwise--evidential material is held in or accessible from the computer to which the application relates,

(e) if a previous application for the same digital evidence access order was refused--details of the refusal and any additional information required by section 76AH,

(f) other information required by the regulations.

(2) If the specified person to whom it is proposed the digital evidence access order will be issued is under the age of 18 years, the application must be accompanied by a document signed by a police officer of the rank of Inspector or above authorising the applicant to make the application.

(3) The applicant must provide, either orally or in writing, any further information the eligible issuing officer requires about the grounds on which the digital evidence access order is being sought.

(4) Nothing in this section requires an applicant for a digital evidence access order to disclose the identity of a person from whom information was obtained if the applicant is satisfied the disclosure might jeopardise the safety of any person.