Order to provide access to data
28A Order to provide access to data
For the purpose of seizing a record or data, or exercising a power under a covert search warrant, an officer may order a person to provide any information or assistance that is reasonable and necessary to enable the officer to seize the record or data or exercise the power.
An order under subsection (1) may be given to the person from whom the record or data may be seized; or an employee (whether under a contract of service or a contract for services) of that person, if an officer reasonably suspects that the person knows how to gain access to or operate any such device or equipment.
A person who is given an order under subsection (1) and who, without reasonable excuse (the onus of proving which is on the person), does not obey it commits an offence.
Penalty for this subsection: a fine of $12 000 and imprisonment for 12 months.
It is not a defence to a charge of an offence under subsection (3) that information that becomes available under the access order would or may incriminate the accused.
[Section 28A inserted: No. 39 of 2015 s. 16.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.