Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 67FC

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" ...