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Crimes (Child Sex Offenders) Act 2005
116QOrder requiring registrable offender to assist with access
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116Q Order requiring registrable offender to assist with access
to data etc
(1) The chief police officer, a deputy chief police officer or a police
officer of or above the rank of sergeant may apply to the Magistrates
Court for an order requiring the registrable offender to provide any
information or assistance that is reasonably necessary to allow the
executing officer or an assisting officer to do any of the following:
(a) access data held in or accessible from electronic equipment that
is on the premises;
(b) copy the data to a data storage device;
(c) convert the data into documentary form.
(2) The court may make an order if satisfied on reasonable grounds
(a) the registrable offender has failed to provide the information or
assistance; or
(b) evidential material in relation to an offence is held in or
accessible from the equipment and subject to subsection (4), it
is likely that the material would be admissible in a criminal
proceeding.
(3) A registrable offender commits an offence if the offender—
(a) is ordered to provide information or assistance under this
section; and
(b) is reckless as to the requirement to provide information or
assistance; and
(c) fails to provide the information or assistance as ordered.
(4) Any material obtained, directly or indirectly, because of accessing,
copying or converting data under this section is not admissible in
evidence against the registrable offender in a proceeding, other than
a proceeding—
(a) under this Act; or
(b) under the Criminal Code, part 3.4 (False or misleading
statements, information and documents).
(5) The provisions of this part relating to the issue of entry and search
warrants apply, with any necessary changes, to the making of an order
under this section.