QLDIn ForceAct
Crime and Corruption Act 2001
sec.85ADefinitions for part
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### sec.85A Definitions for part
In this part—
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
s 85A def access information sub 2020 No. 7 s 6
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
s 85A def device information ins 2020 No. 7 s 6 (2)
digital device —
means a device on which information may be stored or accessed electronically; and
includes a computer, memory stick, portable hard drive, smart phone and tablet computer.
s 85A def digital device ins 2020 No. 7 s 6 (2)
employee includes a person who works under a contract for services.
issuer see section 86 (6) .
relevant evidence means—
evidence of the commission of major crime or corruption; or
evidence that may be confiscation related evidence.
specified person —
A specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, means any of the following persons—
a person reasonably suspected of having committed an offence for which the search warrant is or was issued;
the owner of the device;
a person in possession of the device;
an employee of the owner or person in possession of the device;
a person who uses or has used the device;
a person who is or was a system administrator for the computer network of which the device forms or formed a part.
A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.
A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.
s 85A def specified person sub 2020 No. 7 s 6
storage device ...
s 85A def storage device om 2020 No. 7 s 6 (1)
stored ...
s 85A def stored om 2020 No. 7 s 6 (1)
s 85A ins 2016 No. 62 s 42
- (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) means a device on which information may be stored or accessed electronically; and
- (b) includes a computer, memory stick, portable hard drive, smart phone and tablet computer.
- (a) evidence of the commission of major crime or corruption; or
- (b) evidence that may be confiscation related evidence.
- 1 A specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, means any of the following persons— (a) a person reasonably suspected of having committed an offence for which the search warrant is or was issued; (b) the owner of the device; (c) a person in possession of the device; (d) an employee of the owner or person in possession of the device; (e) a person who uses or has used the device; (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.
- (a) a person reasonably suspected of having committed an offence for which the search warrant is or was issued;
- (b) the owner of the device;
- (c) a person in possession of the device;
- (d) an employee of the owner or person in possession of the device;
- (e) a person who uses or has used the device;
- (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.
- 2 A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.
- 3 A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.
- (a) a person reasonably suspected of having committed an offence for which the search warrant is or was issued;
- (b) the owner of the device;
- (c) a person in possession of the device;
- (d) an employee of the owner or person in possession of the device;
- (e) a person who uses or has used the device;
- (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.