Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 88B

88B Order after digital device has been seized

(1) This section applies if—

(a) a digital device is seized under the search warrant and removed from the place; and

(b) either—

(i) the search warrant did not contain an order made under section 88A (1) or (2) ; or

(ii) the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence.

(2) On the application of an authorised commission officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 88A (1) (b) or (c) .

(3) An application made under subsection (2) —

(a) may be made at any time after the warrant has been issued; and

(b) must be made—

(i) if the search warrant was issued by a judge—to a Supreme Court judge; or

(ii) if the search warrant was issued by a magistrate—to a magistrate.

(4) 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 section 88A (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 .

(5) A magistrate or a judge may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence.