Person with knowledge of a computer or a computer system to assist access etc
201A Person with knowledge of a computer or a computer system to assist access etc
An executing officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the officer to do one or more of the following:
access data held in, or accessible from, a computer or data storage device that:
is on warrant premises; or
has been seized under this Subdivision; or
is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a search warrant;
copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;
convert into documentary form or another form intelligible to an executing officer:
data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or
data held in a data storage device to which the data was copied as described in paragraph (b).
The magistrate may grant the order if the magistrate is satisfied that:
there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device; and
the specified person is:
reasonably suspected of having committed the offence stated in the relevant warrant; or
the owner or lessee of the computer or device; or
an employee of the owner or lessee of the computer or device; or
a person engaged under a contract for services by the owner or lessee of the computer or device; or
a person who uses or has used the computer or device; or
a person who is or was a system administrator for the system including the computer or device; and
the specified person has relevant knowledge of:
the computer or device or a computer network of which the computer or device forms or formed a part; or
measures applied to protect data held in, or accessible from, the computer or device.
Offences
A person commits an offence if:
the person is subject to an order under this section; and
the person is capable of complying with a requirement in the order; and
the person omits to do an act; and
the omission contravenes the requirement.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
A person commits an offence if:
the person is subject to an order under this section; and
the person is capable of complying with a requirement in the order; and
the person omits to do an act; and
the omission contravenes the requirement; and
the offence to which the relevant warrant relates is a serious offence.
Penalty for contravention of this subsection: Imprisonment for 10 years or 600 penalty units, or both.
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