154RAPerson with computer knowledge to assist access etc.

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.