76AFInformation in applications for digital evidence access orders

#### 76AF Information in applications for digital evidence access orders 76AF Information in applications for digital evidence access orders > > (1) An application for a digital evidence access order must include the following information— > > > > > (a) the name of the applicant, > > > > > (b) details of the search warrant or crime scene warrant to which the application is connected, > > > > > (c) details of the specified person in relation to whom it is proposed the digital evidence access order will be issued, > > > > > (d) particulars of the grounds on which the application is based, including the grounds for suspecting— > > > > > > > (i) for a digital evidence access order in connection with a search warrant under the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066)—material connected with a matter being investigated under that Act is held in or accessible from the computer to which the application relates, or > > > > > > > (ia) for a digital evidence access order in connection with a search warrant under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035)—material connected with a matter being investigated under that Act is held in or accessible from the computer to which the application relates, or > > > > > > > (ib) for a digital evidence access order in connection with a search warrant under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061)—material connected with a matter being investigated under that Act is held in or accessible from the computer to which the application relates, or > > > > > > > (ii) otherwise—evidential material is held in or accessible from the computer to which the application relates, > > > > > (e) if a previous application for the same digital evidence access order was refused—details of the refusal and any additional information required by section 76AH, > > > > > (f) other information required by the regulations. > > > (2) If the specified person to whom it is proposed the digital evidence access order will be issued is under the age of 18 years, the application must be accompanied by a document signed by a police officer of the rank of Inspector or above authorising the applicant to make the application. > > > (3) The applicant must provide, either orally or in writing, any further information the eligible issuing officer requires about the grounds on which the digital evidence access order is being sought. > > > (4) Nothing in this section requires an applicant for a digital evidence access order to disclose the identity of a person from whom information was obtained if the applicant is satisfied the disclosure might jeopardise the safety of any person. > > **s 76AF:** Ins 2022 No 47, Sch 1\[5\]. Am 2023 No 13, sec 3(4); 2024 No 3, Sch 7\[5\].