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s 74BN

Interpretation

In force
Part 16AAccess to data held electronically

74BN Interpretation

(1)

In this Part—

child exploitation offence means—

(a)

an offence against Part 3 Division 11A of the Criminal

Law Consolidation Act 1935;

or

(b)

any other offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest;

computer includes a tablet, mobile phone and any other electronic device that is capable of connecting to the internet;

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

data includes—

(a)

information in any form; and

(b)

any program or part of a program;

data storage device means any article, material or thing (for example, a disk or file server) from which information is capable of being reproduced, with or without the aid of any other article or device;

prescribed offence means—

(a)

a child exploitation offence; or

(b)

an offence against section 37A of the Firearms

Act 2015.

(2)

For the purposes of this Part, data held on a computer or data storage device, includes data held on a remote computer or remote data storage device (for example, a cloud storage system) that is accessible from the computer or data storage device.

(3)

Without limiting the type of information or assistance that may be required to be provided for the purposes of an order under this Part, information or assistance may include the provision of fingerprints and retinal or facial scans.

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