Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)

View history reference

View history note

Division 2 - Search warrants

SECTION 3LA PERSON WITH KNOWLEDGE OF A COMPUTER OR A COMPUTER SYSTEM TO ASSIST ACCESS ETC.

View history reference

(1)
A constable 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 a constable to do one or more of the following:

(a)

View history reference

access data held in, or accessible from, a computer or data storage device that:

(i) is on warrant premises; or

(ia) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 3E ; or

(ii) has been moved under subsection 3K(2) and is at a place for examination or processing; or

(iii) has been seized under this Division;

(b) copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;

(c) convert into documentary form or another form intelligible to a constable:

(i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a) ; or

(ii) data held in a data storage device to which the data was copied as described in paragraph (b) ; or

(iii) data held in a data storage device removed from warrant premises under subsection 3L(1A) .

View history note

(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 or data storage device; and

(b) the specified person is:

(i) reasonably suspected of having committed the offence stated in the relevant warrant; 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 system including the computer or device; 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.

(3)
If:

(a) the computer or data storage device that is the subject of the order is seized under this Division; and

(b) the order was granted on the basis of an application made before the seizure;

the order does not have effect on or after the seizure.

Note:

An application for another order under this section relating to the computer or data storage device may be made after the seizure.

View history note

(4)
If the computer or data storage device is not on warrant premises, the order must:

(a) specify the period within which the person must provide the information or assistance; and

(b) specify the place at which the person must provide the information or assistance; and

(c) specify the conditions (if any) determined by the magistrate as the conditions to which the requirement on the person to provide the information or assistance is subject.

Offences

(5)

View history reference

A person commits an offence if:

(a) the person is subject to an order under this section; and

(b) the person is capable of complying with a requirement in the order; and

(c) the person omits to do an act; and

(d) the omission contravenes the requirement.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

View history note

(6)

View history reference

A person commits an offence if:

(a) the person is subject to an order under this section; and

(b) the person is capable of complying with a requirement in the order; and

(c) the person omits to do an act; and

(d) the omission contravenes the requirement; and

(e) the offence to which the relevant warrant relates is:

(i) a serious offence; or

(ii) a serious terrorism offence.

Penalty: Imprisonment for 10 years or 600 penalty units, or both.

View history note

Additional use of information etc.

(7)

View history reference

If information or assistance is provided under this section in connection with an investigation into one or more alleged offences, this Act does not, by implication, prevent the information or assistance from being used in connection with the execution of an account takeover warrant (within the meaning of Part IAAC ) that relates to that investigation.

View history note

History

S 3LAA and 3LA substituted for s 3LA by No 4 of 2010, s 3 and Sch 2 item 20, applicable in relation to warrants issued on or after 20 February 2010. However, section 3LA as amended applies in relation to orders under section 3LA made after 20 February 2010. For this purpose it does not matter whether one or more of the following events occurred before, on or after that commencement:

(a) the issue of the warrant concerned;

(b) the removal or seizure of the computer or data storage device (if such removal or seizure is relevant to applying for or making the order concerned).

S 3LA formerly read:

SECTION 3LA PERSON WITH KNOWLEDGE OF A COMPUTER OR A COMPUTER SYSTEM TO ASSIST ACCESS ETC
3LA(1)
The executing officer 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 warrant premises;

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

(c) convert the data into documentary form.

3LA(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 offence stated in the relevant 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.

3LA(3)
A person commits an offence if the person fails to comply with the order.
Penalty: 6 months imprisonment.

S 3LA inserted by No 161 of 2001.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.