Victorian Current Acts

SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66X

    (1)     This section applies in relation to a computer or device that belongs to, or is in the possession or under the control of, the registrable offender—

        (a)     at the premises being searched under section 66W; or

        (b)     that has been seized under section 66Y.

    (2)     A police officer may direct the registrable offender to provide information or other assistance that is reasonably necessary to enable the police officer to—

        (a)     access data held in, or accessible from, the computer or device; or

        (b)     copy to a data storage device data held in, or accessible from, the computer or device; or

        (c)     convert into documentary or another intelligible form—

              (i)     data held in, or accessible from, the computer or device; or

              (ii)     data held in a data storage device to which the data was copied as described in paragraph (b).

    (3)     Before giving a direction under subsection (2), the police officer must state that the registrable offender may commit an offence if the registrable offender—

        (a)     has relevant knowledge of—

              (i)     the computer or device or a computer network of which the computer or device forms or formed a part; or

              (ii)     measures applied to protect data held in, or accessible from, the computer or device; and

        (b)     without reasonable excuse, fails to comply with the direction.

    (4)     A registrable offender who has relevant knowledge and who has been given a warning under subsection (3) must not, without reasonable excuse, fail to comply with a direction given under subsection (2).

Penalty:     Level 6 imprisonment (5 years maximum).

    (5)     In this section—

"access", in relation to data held in a computer or device, means—

        (a)     the display of the data by the computer or device or any other output of the data from the computer or device; or

        (b)     the copying or moving of the data to any other place in the computer or to a device; or

        (c)     in the case of a program, the execution of the program;

"data "includes—

        (a)     information in any form; and

        (b)     any program or part of a program;

"data held in a computer or device" includes—

        (a)     data entered or copied into the computer or device; and

        (b)     data held in any removable data storage device for the time being in the computer; and

        (c)     data held in a data storage device on a computer network of which the computer or device forms part;

"data storage device "means any thing containing or designed to contain data for use by a computer;

Examples

A USB storage device or a file server.

"device" includes a data storage device and a smartphone;

"relevant knowledge "means information or other assistance that would enable the police officer to—

        (a)     access data held in, or accessible from, a computer or device that belongs to or is in the possession or under the control of the registrable offender at the premises being searched; or

        (b)     copy to a data storage device data held in, or accessible from, a computer or device referred to in paragraph (a); or

        (c)     convert into documentary or another intelligible form—

              (i)     data held in, or accessible from, a computer or device referred to in paragraph (a); or

              (ii)     data held in a data storage device to which the data was copied as described in paragraph (b).

S. 66Y inserted by No. 21/2016 s. 8.