Crime and Corruption Act 2001

This section applies if—

a digital device is seized under the search warrant and removed from the place; and

either—

the search warrant did not contain an order made under section 88A(1) or (2); or

the search warrant contained an order made under section 88A(1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence.

On the application of an authorised commission officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 88A(1)(b) or (c).

An application made under subsection (2)—

may be made at any time after the warrant has been issued; and

must be made—

if the search warrant was issued by a judge—to a Supreme Court judge; or

if the search warrant was issued by a magistrate—to a magistrate.

An order made under subsection (2) must state—

the time at or by which the specified person must give a commission officer the information or assistance mentioned in section 88A(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 may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence.