VICIn ForceAct
Essential Services Commission Act 2001
39UWarrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer
Start here
Get a plain-English read of 39U
Turn the raw legal text into a practical explanation grounded in Essential Services Commission Act 2001.
39U Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer
(1) This section applies if a magistrate is satisfied that there are reasonable grounds to believe that there is information in digital or electronic format connected with a contravention by a person of an essential services requirement that is accessible from particular premises.
(2) Subject to subsection (3), a warrant issued by a magistrate under section 39S(2) may authorise the inspector named in the warrant to require a person to provide any information or assistance that is reasonable and necessary to allow the inspector or another person to do one or more of the following—
(a) access information held in, or accessible from, any computer located on the premises;
(b) download or make an electronic copy of that information;
(c) make or produce a physical copy of that information.
(3) The inspector may require a person to provide the information or assistance referred to in subsection (2) if the person—
(a) is one of the following—
(i) the person alleged to have contravened the essential services requirement;
(ii) the owner or lessee of the computer;
(iii) an employee of the owner or lessee of the computer;
(iv) a person engaged under a contract for services by the owner or lessee of the computer; and
(b) has relevant knowledge of—
(i) the computer or a computer network of which the computer forms or formed part; or
(ii) the measures applied to protect information held in, or accessible from, the computer.
S. 39V inserted by No. 41/2021 s. 5.