Document ID: chunk:federal_register_of_legislation:C2025C00034:section:246
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 246
Character Range: 397608–398869

246  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 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 commits an offence if the person fails to comply with the order.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.