sec.154AOrder after digital device has been seized

### sec.154A Order after digital device has been seized This section applies if— a digital device is seized under a search warrant and removed from a place, and either— the search warrant did not contain an order made under section 154 (1) or (2) ; or the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or a digital device is otherwise lawfully seized under this Act, other than under section 176 (1) (j) , and removed from a place. On the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154 (1) (b) or (c) . An application made under subsection (2) — may be made at any time after the digital device has been seized; and must be made— if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or otherwise—to a magistrate. An order made under subsection (2) must state— the time at or by which the specified person must give a police officer the information or assistance mentioned in section 154 (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A . A magistrate or a judge (the judicial officer ) may make an order under subsection (2) only if— for a digital device seized under a search warrant issued by a magistrate or judge—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence; or otherwise—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of— a crime scene threshold offence; or an offence against any of the following sections of the Criminal Code — section 223 section 227A section 227B . s 154A ins 2016 No. 62 s 303 amd 2020 No. 7 s 31 ; 2022 No. 4 s 8 (sec.154A-ssec.1) This section applies if— a digital device is seized under a search warrant and removed from a place, and either— the search warrant did not contain an order made under section 154 (1) or (2) ; or the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or a digital device is otherwise lawfully seized under this Act, other than under section 176 (1) (j) , and removed from a place. (sec.154A-ssec.2) On the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154 (1) (b) or (c) . (sec.154A-ssec.3) An application made under subsection (2) — may be made at any time after the digital device has been seized; and must be made— if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or otherwise—to a magistrate. (sec.154A-ssec.4) An order made under subsection (2) must state— the time at or by which the specified person must give a police officer the information or assistance mentioned in section 154 (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A . (sec.154A-ssec.5) A magistrate or a judge (the judicial officer ) may make an order under subsection (2) only if— for a digital device seized under a search warrant issued by a magistrate or judge—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence; or otherwise—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of— a crime scene threshold offence; or an offence against any of the following sections of the Criminal Code — section 223 section 227A section 227B . - (a) a digital device is seized under a search warrant and removed from a place, and either— (i) the search warrant did not contain an order made under section 154 (1) or (2) ; or (ii) the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or - (i) the search warrant did not contain an order made under section 154 (1) or (2) ; or - (ii) the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or - (b) a digital device is otherwise lawfully seized under this Act, other than under section 176 (1) (j) , and removed from a place. - (i) the search warrant did not contain an order made under section 154 (1) or (2) ; or - (ii) the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or - (a) may be made at any time after the digital device has been seized; and - (b) must be made— (i) if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or (ii) otherwise—to a magistrate. - (i) if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or - (ii) otherwise—to a magistrate. - (i) if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or - (ii) otherwise—to a magistrate. - (a) the time at or by which the specified person must give a police officer the information or assistance mentioned in section 154 (1) (b) ; and - (b) the place where the specified person must provide the information or assistance; and - (c) any conditions to which the provision of the information or assistance is subject; and - (d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A . - (a) for a digital device seized under a search warrant issued by a magistrate or judge—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence; or - (b) otherwise—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of— (i) a crime scene threshold offence; or (ii) an offence against any of the following sections of the Criminal Code — • section 223 • section 227A • section 227B . - (i) a crime scene threshold offence; or - (ii) an offence against any of the following sections of the Criminal Code — • section 223 • section 227A • section 227B . - • section 223 - • section 227A - • section 227B . - (i) a crime scene threshold offence; or - (ii) an offence against any of the following sections of the Criminal Code — • section 223 • section 227A • section 227B . - • section 223 - • section 227A - • section 227B . - • section 223 - • section 227A - • section 227B .