Document ID: chunk:federal_register_of_legislation:C2024A00104:section:438:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 438 (pt 1/2)
Character Range: 655381–657982

438  Person with knowledge of a computer or a computer system to assist access etc.
 (1A) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act.
 (1) An authorised person may apply to an issuing officer for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow an authorised person or person 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 the premises; or
 (ii) has been moved under subsection 436(2) and is at a place for examination or processing; or
 (iii) has been seized under this Act or under the Regulatory Powers Act as it applies in relation to this Act;
 (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 person or person 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 premises under the Regulatory Powers Act as it applies in relation to this Act.
 (2) The issuing officer may grant the order if the issuing officer 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) if the premises were entered under an investigation warrant—reasonably suspected of having committed the offence or contravened the civil penalty provision stated in the 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