Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 236

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

        (a)     the offender—

              (i)     at the place or premises being searched under this Part; or

              (ii)     that has been seized under this Part; or

        (b)     an officer, an offender or any other person (other than a Judge of the Supreme Court or the County Court, a magistrate or a police officer) in the case of a search under  section 223 or 224 or a seizure under  section 225; or

        (c)     an officer or a person referred to in subsection (4), in the case of a search under  section 234 or a seizure under section 235.

    (2)     For the purposes of exercising a search power or seizure power referred to in subsection (1), an officer may direct the offender or other person to provide information or other assistance that is reasonably necessary to enable the officer or a person assisting the officer—

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

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

        (c)     to 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); or

        (d)     to delete data held in the computer or other device.

    (3)     Before giving a direction under subsection (2), the officer must warn the offender or other person that the offender or other person may commit an offence if the offender or other person—

        (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)     An offender or other person 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).

Division 6—General provisions relating to seized things