Document ID: chunk:federal_register_of_legislation:C2025C00155:section:201a:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 201A (pt 1/2)
Character Range: 1269152–1271708

201A  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 and necessary to allow the officer to do one or more of the following:
 (a) access data held in, or accessible from, a computer or data storage device that:
 (i) is on warrant premises; or
 (ii) has been seized under this Subdivision; or
 (iii) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a search warrant;
 (b) copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;
 (c) convert into documentary form or another form intelligible to an executing officer:
 (i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or
 (ii) data held in a data storage device to which the data was copied as described in paragraph (b).
 (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 or data storage device; 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 device; or
 (iii) an employee of the owner or lessee of the computer or device; or
 (iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
 (v) a person who uses or has used the computer or device; or
 (vi) a person who is or was a system administrator for the system including the computer or device; and
 (c) the specified person 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.

Offences
 (3) A person commits an offence if:
 (a) the person is subject to an order under this section; and
 (b) the person is capable of complying with a requirement in the order; and
 (c) the person omits to do an act; and
 (d) the omission contravenes the requirement.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (4) A person commits an offence if:
 (a) the person is subject to an order under this section; and
 (b) the person is capable of complying with a requirement in the order;