sec.88AOrder in search warrant about device information from digital device

### sec.88A Order in search warrant about device information from digital device The issuer may, in the search warrant, order a specified person to do any of the following in relation to a digital device at the place— give a commission officer access to the device; give a commission officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; allow a commission officer to— use access information for the device to gain access to device information from the device; or examine device information from 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 commission officer. The issuer may also, in the search warrant, order that a specified person is required to do a thing mentioned in subsection (1) (b) or (c) in relation to a digital device seized and removed from the place, after the device has been removed. An order made under subsection (2) must state— the time at or by which the specified person must give a commission officer the information or assistance mentioned in subsection (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A . s 88A ins 2016 No. 62 s 43 amd 2020 No. 7 s 7 (sec.88A-ssec.1) The issuer may, in the search warrant, order a specified person to do any of the following in relation to a digital device at the place— give a commission officer access to the device; give a commission officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; allow a commission officer to— use access information for the device to gain access to device information from the device; or examine device information from 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 commission officer. (sec.88A-ssec.2) The issuer may also, in the search warrant, order that a specified person is required to do a thing mentioned in subsection (1) (b) or (c) in relation to a digital device seized and removed from the place, after the device has been removed. (sec.88A-ssec.3) An order made under subsection (2) must state— the time at or by which the specified person must give a commission officer the information or assistance mentioned in subsection (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A . - (a) give a commission officer access to the device; - (b) give a commission officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; - (c) allow a commission officer to— (i) use access information for the device to gain access to device information from the device; or (ii) examine device information from 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 commission officer. - (i) use access information for the device to gain access to device information from the device; or - (ii) examine device information from 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 commission officer. - (i) use access information for the device to gain access to device information from the device; or - (ii) examine device information from 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 commission officer. - (a) the time at or by which the specified person must give a commission officer the information or assistance mentioned in subsection (1) (b) ; and - (b) the place where the specified person must provide the information or assistance; and - (c) any conditions to which the provision of the information or assistance is subject; and - (d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A .