76AJDecisions about applications for digital evidence access orders

#### 76AJ Decisions about applications for digital evidence access orders 76AJ Decisions about applications for digital evidence access orders > > (1) The eligible issuing officer must— > > > > > (a) consider the application for the digital evidence access order, and > > > > > (b) decide whether or not to grant the application and issue a digital evidence access order. > > > (2) The eligible issuing officer may grant an application for a digital evidence access order only if— > > > > > (a) the order will authorise an executing officer to issue a direction mentioned in section 76AM(1) in relation to a computer that has been found, or may be found, in the execution of a search warrant or crime scene search warrant that has already been issued or will be issued at the same time as the order, and > > > > > (b) the eligible issuing officer is satisfied there are reasonable grounds for suspecting evidential material is held in, or is accessible from, the computer, and > > > > > (c) the eligible issuing officer is satisfied the specified person in relation to whom it is proposed the digital evidence access order will be issued is— > > > > > > > (i) reasonably suspected of having committed the offence stated in the search warrant or crime scene search warrant, or > > > > > > > (ii) the owner or lessee of the computer, or > > > > > > > (iii) an employee of the owner or lessee of the computer, or > > > > > > > (iv) a person engaged under a contract for services by the owner or lessee of the computer, or > > > > > > > (v) a person who uses or has used the computer, or > > > > > > > (vi) a person who is or was a system administrator for the system including the computer, and > > > > > (d) the eligible issuing officer is satisfied the specified person in relation to whom it is proposed the digital evidence access order will be issued has relevant knowledge of— > > > > > > > (i) the computer or a computer network of which the computer forms or formed a part, or > > > > > > > (ii) measures applied to protect data held in, or accessible from, the computer. > > > (3) If the eligible issuing officer grants the application, the officer must issue a digital evidence access order to the applicant. > > **s 76AJ:** Ins 2022 No 47, Sch 1\[5\].