Document ID: chunk:federal_register_of_legislation:C2024C00024:section:8zgb:p1
Version: federal_register_of_legislation:C2024C00024
Segment Type: section
Provision Reference: s 8ZGB (pt 1/2)
Character Range: 51818–54435

8ZGB  Person with knowledge of a computer or a computer system to assist access etc.
 (1) An authorised 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 an authorised officer or officer assisting 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 removed from warrant premises under subsection 8ZF(2) and is at another place for examination or processing; or
 (iii) has been seized under this Division and is no longer on the warrant premises;
 (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 authorised officer or officer assisting:
 (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); or
 (iii) data held in a data storage device removed from warrant premises under subsection 8ZG(2).
 (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 relevant offence or relevant civil contravention 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.
 (3) If:
 (a) the computer or data storage device that is the subject of the order is seized under this Division; and
 (b) the order was granted on the basis of an application made before the seizure;
the order does not have effect on or after the seizure.
Note: An application for another order under this section relating to the computer or