246Person with knowledge of a computer or a computer system to assist access etc.

246 Person with knowledge of a computer or a computer system to assist access etc.

(1) An *executing officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable or necessary to allow the officer to do one or more of the following: (a) access *data held in or accessible from a computer that is on the *premises; (b) copy the data to a *data storage device; (c) convert the data into documentary form. (2) The magistrate may make an order if satisfied that: (a) there are reasonable grounds for suspecting that *evidential material is accessible from the computer; and (b) the specified person is: (i) reasonably suspected of possessing, or having under his or her control, *tainted property or evidential material; or (ii) the owner or lessee of the computer; or (iii) an employee of the owner or lessee of the computer; and (c) the specified person has knowledge of: (i) the computer or a computer network of which the computer forms a part; or (ii) measures applied to protect *data held in or accessible from the computer. (3) A person commits an offence if the person fails to comply with the order.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.