Confiscation Act 1997
80AWarrant may authorise the giving of a direction requiring assistance from person with certain knowledge
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80A Warrant may authorise the giving of a direction requiring assistance from person with certain knowledge
(1) Subject to subsection (3), a warrant issued under section 79 may authorise a police officer executing the warrant to give a direction under subsection (2) to a specified person.
(2) A police officer may direct a specified person to provide any information or assistance that is reasonable and necessary to allow the police officer to do one or more of the following things—
(a) access data held in, or accessible from, a computer or data storage device that—
(i) is on the premises in respect of which the warrant is issued (warrant premises); or
(ii) has been seized under the warrant and is at a place other than warrant premises;
(b) copy to another data storage device data held in, or accessible from, a computer or data storage device described in paragraph (a);
(c) convert into documentary form or another form intelligible to a police officer—
(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);
(d) use data—
(i) that is recorded on a thing that is—
(A) on warrant premises; or
(B) has been seized under the warrant and is at a place other than warrant premises; and
(ii) that enables access to other data held in, or accessible from, a computer or data storage device—
to access the other data.
(3) A warrant may authorise the giving of a direction under subsection (2) if the magistrate or judge issuing the warrant is satisfied that—
(a) there are reasonable grounds for suspecting that data held in, or accessible from, a computer or data storage device described in subsection (2)(a), or recorded on a thing as described in subsection (2)(d), will assist in finding the location of, or means of access to, tainted property or forfeited property; and
(b) the specified person is—
(i) reasonably suspected of having committed the offence in reliance on which the warrant is issued; or
(ii) the owner or lessee of the computer, data storage device or thing; or
(iii) an employee of the owner or lessee of the computer, or data storage device or thing; or
(iv) a person engaged under a contract for services by the owner or lessee of the computer, data storage device or thing; or
(v) a person who uses or has used the computer, data storage device or thing; or