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CRIME AND CORRUPTION ACT 2001 - SECT 88A
Order in search warrant about device information from digital device
88A Order in search warrant about device information from digital device
(1) The issuer may, in the search warrant, order a specified person to do any
of the following in relation to a digital device at the place— (a) give a
commission officer access to the device;
(b) give a commission officer access
information for the device or any assistance necessary for the officer to gain
access to device information from the device;
(c) allow a commission officer
to— (i) use access information for the device to gain access to device
information from the device; or
(ii) examine device information from the
device to find out whether the information may be relevant evidence; or
(iii)
make a copy of device information from the device that may be relevant
evidence, including by using another digital device; or
(iv) convert device
information from the device that may be relevant evidence into documentary
form, or another form, that enables the information to be understood by a
commission officer.
(2) The issuer may also, in the search warrant, order
that a specified person is required to do a thing mentioned in subsection (1)
(b) or (c) in relation to a digital device seized and removed from the place,
after the device has been removed.
(3) An order made under subsection (2)
must state— (a) the time at or by which the specified person must give a
commission officer the information or assistance mentioned in subsection (1)
(b) ; and
(b) the place where the specified person must provide the
information or assistance; and
(c) any conditions to which the provision of
the information or assistance is subject; and
(d) that failure to comply with
the order may be dealt with under the Criminal Code , section 205A .
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