61
CurrentData access order, effect of
Part 7Gaining access to data controlled by suspects
61 Data access order, effect of
(1)
A data access order has effect according to its contents.
(2)
A person who is served with a data access order and who, without reasonable excuse (the onus of proving which is on the person), does not obey it commits a crime.
Penalty: imprisonment for 5 years.
Summary conviction penalty: a fine of $24 000 and imprisonment for 2 years.
(3)
It is not a defence to a charge of an offence under subsection (2) that information required to be given under the data access order would or may have incriminated the accused.
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