sec.8AZEPower to require access information or assistance

### sec.8AZE Power to require access information or assistance This section applies if— under section 8AZB , a digital device is being searched or has been seized; and an emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and the emergency situation officer reasonably suspects that a person knows, has or is able to provide the access information or assistance. The emergency situation officer may require the person to give the officer— the access information for the digital device; or any assistance necessary for the officer to gain access to device information from the device. When making the requirement, the emergency situation officer must inform the person that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty. The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment. It is not a reasonable excuse to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. If the digital device is being searched under section 8AZB (2) and the person does not comply with the requirement, an emergency situation officer may seize the digital device. The Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (6) were done under that Act. Nothing done under subsection (6) is an enforcement act under the Police Powers and Responsibilities Act 2000 . s 8AZE ins 2017 No. 30 s 35 amd 2020 No. 7 s 70 (sec.8AZE-ssec.1) This section applies if— under section 8AZB , a digital device is being searched or has been seized; and an emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and the emergency situation officer reasonably suspects that a person knows, has or is able to provide the access information or assistance. (sec.8AZE-ssec.2) The emergency situation officer may require the person to give the officer— the access information for the digital device; or any assistance necessary for the officer to gain access to device information from the device. (sec.8AZE-ssec.3) When making the requirement, the emergency situation officer must inform the person that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty. (sec.8AZE-ssec.4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment. (sec.8AZE-ssec.5) It is not a reasonable excuse to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. (sec.8AZE-ssec.6) If the digital device is being searched under section 8AZB (2) and the person does not comply with the requirement, an emergency situation officer may seize the digital device. (sec.8AZE-ssec.7) The Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (6) were done under that Act. (sec.8AZE-ssec.8) Nothing done under subsection (6) is an enforcement act under the Police Powers and Responsibilities Act 2000 . - (a) under section 8AZB , a digital device is being searched or has been seized; and - (b) an emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and - (c) the emergency situation officer reasonably suspects that a person knows, has or is able to provide the access information or assistance. - (a) the access information for the digital device; or - (b) any assistance necessary for the officer to gain access to device information from the device.