Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:2_3la
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 2 cl 3LA
Character Range: 23072–24326

3LA  Person with knowledge of a computer or a computer system to assist access etc.

 (1) The executing officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and 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 warrant premises;
 (b) copy the data to a data storage device;
 (c) convert the data into documentary form.

 (2) The magistrate may grant the order if the magistrate is satisfied that:
 (a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer; and
 (b) the specified person is:
 (i) reasonably suspected of having committed the offence stated in the relevant warrant; 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 relevant 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 commits an offence if the person fails to comply with the order.

Penalty: 6 months imprisonment.