Person with computer knowledge to assist access etc.
(1) The executing officer for a search warrant may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the officer to do one or more of the following: (a) access data held in, or accessible from, a computer that is on premises to which the warrant relates; (b) transfer the data to a disk, tape or other storage device; (c) convert the data into documentary form. (2) The magistrate may grant the order if the magistrate is satisfied that: (a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer; and (b) the specified person is: (i) reasonably suspected of having committed the contravention, or one or more of the contraventions, stated in the search warrant; or (ii) the owner or lessee of the computer; or (iii) an employee of the owner or lessee of the computer; and (c) the specified person has relevant knowledge of: (i) the computer or a computer network of which the computer forms a part; or (ii) measures applied to protect data held in, or accessible from, the computer. (3) A person commits an offence if: (a) the person is subject to an order under this section; and (b) the person engages in conduct; and (c) the person’s conduct breaches the order. Penalty for a contravention of this subsection: Imprisonment for 6 months.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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