sec.149ADefinitions for chapter

### sec.149A Definitions for chapter In this chapter— access information , for a digital device, means information necessary for a person to access or read device information from the device. userid, username, passcode, password control order property means anything under a person’s control that the person is prohibited from possessing under a control order or a registered corresponding control order under the Penalties and Sentences Act 1992 . s 149A def control order property (prev s 150AA def control order property ) ins 2016 No. 62 s 300 (2) reloc 2020 No. 7 s 28 crime scene threshold offence means— an indictable offence for which the maximum penalty is at least 4 years imprisonment; or an offence involving deprivation of liberty. s 149A def crime scene threshold offence ins 2022 No. 4 s 7 device information , from a digital device, means— information stored on the device; or information accessed, communicated or distributed by using the device, including by using an application on the device. images stored on a computer location data stored on or sent from a mobile phone emails or text messages sent from a smart phone messages or videos distributed from a social media application on a tablet computer digital device — means a device on which information may be stored or accessed electronically; and includes a computer, memory stick, portable hard drive, smart phone and tablet computer. employee includes a person who works under a contract for services. s 149A def employee (prev s 150AA def employee ) ins 2016 No. 62 s 300 (2) reloc 2020 No. 7 s 28 issuer see section 150 (7) . s 149A def issuer (prev s 150AA def issuer ) ins 2016 No. 62 s 300 (2) reloc 2020 No. 7 s 28 relevant evidence means— evidence of the commission of an offence; or evidence that may be confiscation related evidence. s 149A def relevant evidence (prev s 150AA def relevant evidence ) ins 2016 No. 62 s 300 (2) reloc 2020 No. 7 s 28 specified person — A specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, or for which a crime scene is or was established, or that is otherwise lawfully seized under this Act and removed from a place, means any of the following persons— a person reasonably suspected of having committed an offence in relation to which— the search warrant is or was issued; or the crime scene is or was established; or the device was otherwise lawfully seized under this Act and removed from the place; the owner of the device; a person in possession of the device; an employee of the owner or person in possession of the device; a person who uses or has used the device; a person who is or was a system administrator for the computer network of which the device forms or formed a part. A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device. A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part. s 149A def specified person amd 2024 No. 45 s 133H warrant evidence or property means the evidence or property mentioned in section 150 (1) for which a warrant is issued under section 151 . s 149A def warrant evidence or property (prev s 150AA def warrant evidence or property ) reloc 2020 No. 7 s 28 s 149A ins 2020 No. 7 s 27 - (a) an indictable offence for which the maximum penalty is at least 4 years imprisonment; or - (b) an offence involving deprivation of liberty. - (a) information stored on the device; or - (b) information accessed, communicated or distributed by using the device, including by using an application on the device. - • images stored on a computer - • location data stored on or sent from a mobile phone - • emails or text messages sent from a smart phone - • messages or videos distributed from a social media application on a tablet computer - (a) means a device on which information may be stored or accessed electronically; and - (b) includes a computer, memory stick, portable hard drive, smart phone and tablet computer. - (a) evidence of the commission of an offence; or - (b) evidence that may be confiscation related evidence. - 1 A specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, or for which a crime scene is or was established, or that is otherwise lawfully seized under this Act and removed from a place, means any of the following persons— (a) a person reasonably suspected of having committed an offence in relation to which— (i) the search warrant is or was issued; or (ii) the crime scene is or was established; or (iii) the device was otherwise lawfully seized under this Act and removed from the place; (b) the owner of the device; (c) a person in possession of the device; (d) an employee of the owner or person in possession of the device; (e) a person who uses or has used the device; (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part. - (a) a person reasonably suspected of having committed an offence in relation to which— (i) the search warrant is or was issued; or (ii) the crime scene is or was established; or (iii) the device was otherwise lawfully seized under this Act and removed from the place; - (i) the search warrant is or was issued; or - (ii) the crime scene is or was established; or - (iii) the device was otherwise lawfully seized under this Act and removed from the place; - (b) the owner of the device; - (c) a person in possession of the device; - (d) an employee of the owner or person in possession of the device; - (e) a person who uses or has used the device; - (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part. - 2 A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device. - 3 A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part. - (a) a person reasonably suspected of having committed an offence in relation to which— (i) the search warrant is or was issued; or (ii) the crime scene is or was established; or (iii) the device was otherwise lawfully seized under this Act and removed from the place; - (i) the search warrant is or was issued; or - (ii) the crime scene is or was established; or - (iii) the device was otherwise lawfully seized under this Act and removed from the place; - (b) the owner of the device; - (c) a person in possession of the device; - (d) an employee of the owner or person in possession of the device; - (e) a person who uses or has used the device; - (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part. - (i) the search warrant is or was issued; or - (ii) the crime scene is or was established; or - (iii) the device was otherwise lawfully seized under this Act and removed from the place;