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CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 67FC
Access information for digital devices
(1) This section applies if an authorised police officer suspects, on
reasonable grounds, that a reportable offender has committed an indictable
offence against this Act.
(2) The authorised police officer may require the
reportable offender to— (a) give a police officer access to a digital
device— (i) that is in the offender’s possession; or
(ii) to which the
offender has access; or
(b) give a police officer access information for the
device or any assistance necessary for the officer to gain access to
device information from the device; or
(c) allow a police officer to— (i)
use the access information to gain access to device information from the
device; or
(ii) examine device information from the device, including by
using a software program on 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 person.
(3) The reportable offender must
comply with the requirement, unless the reportable offender has a reasonable
excuse. Penalty— Maximum penalty—300 penalty units or 5 years
imprisonment.
(4) An offence against subsection (3) is a crime.
(5) It is
not a reasonable excuse to fail to comply with the requirement that complying
might tend to incriminate the reportable offender or expose the offender to a
penalty.
(6) The Police Powers and Responsibilities Act 2000 , sections 161
to 163 apply as if a reference in those sections to a police officer
exercising powers under section 160 of that Act were a reference to the
authorised police officer exercising a power under subsection (2) of this
section.
(7) The reportable offender does not commit an offence against
subsection (3) unless a magistrate makes a post-search approval order under
the Police Powers and Responsibilities Act 2000 , section 162 in relation to
the exercise of a power under subsection (2) .
(8) The police officer must
inform the reportable offender, in a way that is reasonable in the
circumstances, that the offender must comply with the requirement even though
complying might tend to incriminate the offender or expose the offender to a
penalty.
(9) If a court convicts a reportable offender of an offence against
subsection (3) , the court may, as well as imposing a penalty for the offence,
order the offender to comply with the requirement.
(10) In this section—
"access information" , for a digital device, means information necessary for a
person to access or read device information from the device. Examples—
userid, username, passcode, password
"authorised police officer" means a police officer authorised in writing by
the police commissioner to exercise a power under this Act.
"device information" , from a digital device, means— (a) information stored
on the device; or
(b) information accessed, communicated or distributed by
using the device, including by using an application on the device.
Examples— • images stored on a computer
• location data stored on or
sent from a mobile phone
• emails or text messages sent from a smart phone
• messages or videos distributed from a social media application on a tablet
computer
"relevant evidence" means evidence of the commission of— (a) a reportable
offence; or
(b) an offence against this Act.
"storage device" ...
"stored" ...
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