sec.67FCAccess information for digital devices

### sec.67FC Access information for digital devices This section applies if an authorised police officer suspects, on reasonable grounds, that a reportable offender has committed an indictable offence against this Act or the Dangerous Prisoners (Sexual Offenders) Act 2003 . The authorised police officer may require the reportable offender to— give a police officer access to a digital device— that is in the offender’s possession; or to which the offender has access; or give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or allow a police officer to— use the access information to gain access to device information from the device; or examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or make a copy of device information from the device that may be relevant evidence, including by using another digital device; or convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person. The reportable offender must comply with the requirement, unless the reportable offender has a reasonable excuse. Maximum penalty—300 penalty units or 5 years imprisonment. An offence against subsection (3) is a crime. It is not a reasonable excuse to fail to comply with the requirement that complying might tend to incriminate the reportable offender or expose the offender to a penalty. The Police Powers and Responsibilities Act 2000 , sections 161 to 163 apply as if a reference in those sections to a police officer exercising powers under section 160 of that Act were a reference to the authorised police officer exercising a power under subsection (2) of this section. The reportable offender does not commit an offence against subsection (3) unless a magistrate makes a post-search approval order under the Police Powers and Responsibilities Act 2000 , section 162 in relation to the exercise of a power under subsection (2) . The police officer must inform the reportable offender, in a way that is reasonable in the circumstances, that the offender must comply with the requirement even though complying might tend to incriminate the offender or expose the offender to a penalty. If a court convicts a reportable offender of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the offender to comply with the requirement. In this section— access information , for a digital device, means information necessary for a person to access or read device information from the device. userid, username, passcode, password authorised police officer means a police officer authorised in writing by the police commissioner to exercise a power under this Act. device information , from a digital device, means— information stored on the device; or information accessed, communicated or distributed by using the device, including by using an application on the device. images stored on a computer location data stored on or sent from a mobile phone emails or text messages sent from a smart phone messages or videos distributed from a social media application on a tablet computer relevant evidence means evidence of the commission of— a reportable offence; or an offence against this Act. storage device ... stored ... s 67FC (prev s 51B) ins 2017 No. 14 s 22 amd 2020 No. 7 s 3 ; 2023 No. 21 s 22 (1) – (2) reloc and renum 2023 No. 21 s 22 (4) amd 2024 No. 25 s 51 (sec.67FC-ssec.1) This section applies if an authorised police officer suspects, on reasonable grounds, that a reportable offender has committed an indictable offence against this Act or the Dangerous Prisoners (Sexual Offenders) Act 2003 . (sec.67FC-ssec.2) The authorised police officer may require the reportable offender to— give a police officer access to a digital device— that is in the offender’s possession; or to which the offender has access; or give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or allow a police officer to— use the access information to gain access to device information from the device; or examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or make a copy of device information from the device that may be relevant evidence, including by using another digital device; or convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person. (sec.67FC-ssec.3) The reportable offender must comply with the requirement, unless the reportable offender has a reasonable excuse. Maximum penalty—300 penalty units or 5 years imprisonment. (sec.67FC-ssec.4) An offence against subsection (3) is a crime. (sec.67FC-ssec.5) It is not a reasonable excuse to fail to comply with the requirement that complying might tend to incriminate the reportable offender or expose the offender to a penalty. (sec.67FC-ssec.6) The Police Powers and Responsibilities Act 2000 , sections 161 to 163 apply as if a reference in those sections to a police officer exercising powers under section 160 of that Act were a reference to the authorised police officer exercising a power under subsection (2) of this section. (sec.67FC-ssec.7) The reportable offender does not commit an offence against subsection (3) unless a magistrate makes a post-search approval order under the Police Powers and Responsibilities Act 2000 , section 162 in relation to the exercise of a power under subsection (2) . (sec.67FC-ssec.8) The police officer must inform the reportable offender, in a way that is reasonable in the circumstances, that the offender must comply with the requirement even though complying might tend to incriminate the offender or expose the offender to a penalty. (sec.67FC-ssec.9) If a court convicts a reportable offender of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the offender to comply with the requirement. (sec.67FC-ssec.10) In this section— access information , for a digital device, means information necessary for a person to access or read device information from the device. userid, username, passcode, password authorised police officer means a police officer authorised in writing by the police commissioner to exercise a power under this Act. device information , from a digital device, means— information stored on the device; or information accessed, communicated or distributed by using the device, including by using an application on the device. images stored on a computer location data stored on or sent from a mobile phone emails or text messages sent from a smart phone messages or videos distributed from a social media application on a tablet computer relevant evidence means evidence of the commission of— a reportable offence; or an offence against this Act. storage device ... stored ... - (a) give a police officer access to a digital device— (i) that is in the offender’s possession; or (ii) to which the offender has access; or - (i) that is in the offender’s possession; or - (ii) to which the offender has access; or - (b) give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or - (c) allow a police officer to— (i) use the access information to gain access to device information from the device; or (ii) examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person. - (i) use the access information to gain access to device information from the device; or - (ii) examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or - (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or - (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person. - (i) that is in the offender’s possession; or - (ii) to which the offender has access; or - (i) use the access information to gain access to device information from the device; or - (ii) examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or - (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or - (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person. - (a) information stored on the device; or - (b) information accessed, communicated or distributed by using the device, including by using an application on the device. - • images stored on a computer - • location data stored on or sent from a mobile phone - • emails or text messages sent from a smart phone - • messages or videos distributed from a social media application on a tablet computer - (a) a reportable offence; or - (b) an offence against this Act.