Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision C - Executing search warrants  

SECTION 246   Person with knowledge of a computer or a computer system to assist access etc.  

246(1)    
An * executing officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable or 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 the * premises;

(b) copy the data to a * data storage device;

(c) convert the data into documentary form.

246(2)    
The magistrate may make an order if satisfied that:

(a) there are reasonable grounds for suspecting that * evidential material is accessible from the computer; and

(b) the specified person is:

(i) reasonably suspected of possessing, or having under his or her control, * tainted property or evidential material; 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 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.

246(3)    

A person commits an offence if the person fails to comply with the order.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.