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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (31) - Search warrants for and seizure of things
465AA Power to require assistance from person with knowledge of a computer or computer network
(1)This section applies if a magistrate has issued a warrant under section 465 in relation to warrant premises.
(2)The Magistrates' Court may, on the application of a police officer of or above the rank of senior sergeant, make an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a police officer to do one or more of the things specified in subsection (3).
(4)An application may be made under subsection (2) at the same time as an application is made for the warrant under section 465 or at any time after the issue of the warrant.
(5)The Magistrates' Court may make the order if satisfied that—
(a)there are reasonable grounds for suspecting that data held in, or accessible from, a computer, or data storage device, described in subsection (3)(a) will afford evidence as to the commission of an indictable offence; and
(b)the specified person is—
(i)reasonably suspected of having committed an indictable offence in relation to which the warrant was issued; or
(ii)the owner or lessee of the computer or device; or
(iii)an employee of the owner or lessee of the computer or device; or
(iv)a person engaged under a contract for services by the owner or lessee of the computer or device; or
(v)a person who uses or has used the computer or device; or
(vi)a person who is or was a system administrator for the computer network of which the computer or device forms or formed a part; and
(c)the specified person has relevant knowledge of—
(i)the computer or device or a computer network of which the computer or device forms or formed a part; or
(ii)measures applied to protect data held in, or accessible from, the computer or device.
(6)A person is not excused from complying with an order on the ground that complying with it may result in information being provided that might incriminate the person.
(7)If— the order does not have effect on or after the completion of the execution of the warrant.
(a)the computer or data storage device that is the subject of the order is seized under the warrant; and
(b)the order was granted on the basis of an application made before the seizure—
An application for another order under this section relating to the computer or data storage device may be made after the completion of the execution of the warrant.
(i)of the order made under this section and of its terms; and
(ii)that it is an indictable offence punishable by imprisonment to fail to comply with the order; and
(c)the person fails to comply with the order without reasonable excuse.
(10)A person who commits an offence against subsection (9) is liable to level 6 imprisonment (5 years maximum).
(10A)This section applies in addition to section 465AAA, whether or not in relation to the same specified person. However, a person may be charged with an offence against either section 465AAA(4) or subsection (9) but not both.