sec.88BOrder after digital device has been seized

### sec.88B Order after digital device has been seized This section applies if— a digital device is seized under the search warrant and removed from the place; and either— the search warrant did not contain an order made under section 88A (1) or (2) ; or the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence. On the application of an authorised commission officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 88A (1) (b) or (c) . An application made under subsection (2) — may be made at any time after the warrant has been issued; and must be made— if the search warrant was issued by a judge—to a Supreme Court judge; or if the search warrant was issued by a magistrate—to a magistrate. 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 section 88A (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 magistrate or a judge may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence. s 88B ins 2016 No. 62 s 43 amd 2020 No. 7 s 8 (sec.88B-ssec.1) This section applies if— a digital device is seized under the search warrant and removed from the place; and either— the search warrant did not contain an order made under section 88A (1) or (2) ; or the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence. (sec.88B-ssec.2) On the application of an authorised commission officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 88A (1) (b) or (c) . (sec.88B-ssec.3) An application made under subsection (2) — may be made at any time after the warrant has been issued; and must be made— if the search warrant was issued by a judge—to a Supreme Court judge; or if the search warrant was issued by a magistrate—to a magistrate. (sec.88B-ssec.4) 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 section 88A (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 . (sec.88B-ssec.5) A magistrate or a judge may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence. - (a) a digital device is seized under the search warrant and removed from the place; and - (b) either— (i) the search warrant did not contain an order made under section 88A (1) or (2) ; or (ii) the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence. - (i) the search warrant did not contain an order made under section 88A (1) or (2) ; or - (ii) the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence. - (i) the search warrant did not contain an order made under section 88A (1) or (2) ; or - (ii) the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence. - (a) may be made at any time after the warrant has been issued; and - (b) must be made— (i) if the search warrant was issued by a judge—to a Supreme Court judge; or (ii) if the search warrant was issued by a magistrate—to a magistrate. - (i) if the search warrant was issued by a judge—to a Supreme Court judge; or - (ii) if the search warrant was issued by a magistrate—to a magistrate. - (i) if the search warrant was issued by a judge—to a Supreme Court judge; or - (ii) if the search warrant was issued by a magistrate—to a magistrate. - (a) the time at or by which the specified person must give a commission officer the information or assistance mentioned in section 88A (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 .