Criminal Investigation Act 2006

Only a police officer or a public officer may apply for a data access order.

An application for a data access order must be made to a magistrate in accordance with section 13.

An application for a data access order must —

state the applicant’s full name and official details; and

state the serious offence that is suspected to have been committed and in relation to which the order is wanted; and

state the grounds on which the applicant suspects that the offence has been committed; and

describe with reasonable particularity the data storage device to which the applicant wants access (the target device); and

explain how the applicant has possession of or access to the target device; and

state the grounds on which the applicant suspects that any data the target device may contain is or may be a thing relevant to the serious offence; and

state the name of the person to whom the order wanted will apply (the target person); and

state the grounds on which the applicant suspects that the target person has committed the serious offence; and

state the grounds on which the applicant suspects that the target person has knowledge relevant to gaining access to any data the target device may contain; and

include any other information that is prescribed.