Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 246

Person with knowledge of a computer or a computer system to assist access etc.

(1) An * executing officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable or necessary to allow the officer to do one or more of the following:

(a)
access * data held in or accessible from a computer that is on the * premises;

(b)
copy the data to a * data storage device;

(c)
convert the data into documentary form.

(2) The magistrate may make an order if satisfied that:

(a)
there are reasonable grounds for suspecting that * evidential material is accessible from the computer; and

(b)
the specified person is:

(i)
reasonably suspected of possessing, or having under his or her control, * tainted property or evidential material; or
(ii)
the owner or lessee of the computer; or
(iii)
an employee of the owner or lessee of the computer; and
(c)
the specified person has knowledge of:

(i)
the computer or a computer network of which the computer forms a part; or
(ii)
measures applied to protect * data held in or accessible from the computer.

(3) A person is guilty of an offence if the person fails to comply with the order.

Maximum penalty: Imprisonment for 6 months or 30 penalty units, or both.



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