Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:2_154ra
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 2 cl 154RA
Character Range: 134423–135901

154RA  Person with computer knowledge to assist access etc.
 (1) The executing officer for a search warrant 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 premises to which the warrant relates;
 (b) transfer the data to a disk, tape or other 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 contravention, or one or more of the contraventions, stated in the search 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:
 (a) the person is subject to an order under this section; and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the order.
Penalty for a contravention of this subsection: Imprisonment for 6 months.