(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.