Effect of digital evidence access order
76AM Effect of digital evidence access order
The executing officer for a digital evidence access order may direct the specified person to—
give the officer any information or assistance reasonable and necessary to enable the officer to access data held in or accessible from a computer specified in, or within the scope of, the order, or
give the officer any information or assistance reasonable and necessary to allow the officer to—
copy data from a computer specified in, or within the scope of, the order to another computer, or
convert the data into a documentary form or another form intelligible to a computer used by the officer.
Without limiting subsection (1), the executing officer may require the specified person to provide reasonable and necessary assistance in accessing data on a computer that is secured by biometric means, including, for example, fingerprints or retina scans.
Without limiting this section, a direction may specify a time by which the specified person is required to carry out the direction.
The executing officer must not direct a specified person who is less than 18 years of age unless reasonable steps are taken to have a suitable person present to represent the interests of the specified person while the specified person is directed.
To avoid doubt—
information provided by a specified person under subsection (1) to access data held in or accessible from a computer may be used only for that purpose and no other purpose, and
this section is subject to any other provision of this Act or another Act that provides for how a police officer may take particulars that are necessary to identify a person.
Note—
See, for example, Part 10, which provides for taking of identification particulars from persons in custody and other offenders, including section 136, which provides for identification particulars of children under the age of 14 years.
In this section—
suitable person, for a specified person, means a person, other than a police officer, who—
is acceptable to the specified person, and
is—
a parent or guardian of the specified person, or
capable of representing the interests of the specified person.
This Act’s bill:Explanatory memorandumSecond reading speech
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