Police Powers and Responsibilities Act 2000

This section applies if—

a digital device is seized under a search warrant and removed from a place, and either—

the search warrant did not contain an order made under section 154(1) or (2); or

the search warrant contained an order made under section 154(1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or

a digital device is otherwise lawfully seized under this Act, other than under section 176(1)(j), and removed from a place.

On the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154(1)(b) or (c).

An application made under subsection (2)—

may be made at any time after the digital device has been seized; and

must be made—

if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or

otherwise—to a magistrate.

An order made under subsection (2) must state—

the time at or by which the specified person must give a police officer the information or assistance mentioned in section 154(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 (the judicial officer) may make an order under subsection (2) only if—

for a digital device seized under a search warrant issued by a magistrate or judge—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence; or

otherwise—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of—

a crime scene threshold offence; or

an offence against any of the following sections of the Criminal Code—