New South Wales Consolidated Acts

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Effect of DECCD access order

80M Effect of DECCD access order

(1) A DECCD access order authorises a police officer to--
(a) examine the device to which the order applies, and any data accessible from the device, to determine whether the device is a dedicated encrypted criminal communication device, and
(b) direct the relevant person for the order to give the officer any information or assistance that is reasonable and necessary to enable the officer to access data held in or accessible from a device specified in, or within the scope of, the order.
(2) Without limiting subsection (1)(b), the executing officer may require the relevant person to provide reasonable and necessary assistance in accessing data on a computer that is secured by biometric means, including, for example, fingerprints or retina scans.
(3) To avoid doubt--
(a) information provided by a relevant person under subsection (1) to access data held in or accessible from a device may be used only for that purpose and no other purpose, and
(b) this section is subject to any other provision of this Act or another Act that provides for how a police officer may take particulars that are necessary to identify a person.
Note--: See, for example, Part 10, which provides for taking of identification particulars from persons in custody and other offenders, including section 136, which provides for identification particulars of children under 14 years.

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