Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 4 - Assistance orders  

SECTION 3ZZVG   Person with knowledge of an online account to provide assistance  

(1)    
If an account takeover warrant or emergency authorisation is in force, a law enforcement officer may apply to a magistrate for an order (the assistance order ) requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the law enforcement officer to take control of an online account that is the subject of the warrant or authorisation.

Grant of assistance order

(2)    
The magistrate may grant the assistance order if the magistrate is satisfied that:

(a)    there are reasonable grounds for suspecting that taking control of the account is necessary, in the course of the investigation to which the account takeover warrant relates, for the purpose of enabling evidence to be obtained of the commission of the alleged relevant offence, or any of the alleged relevant offences, in respect of which the warrant is issued; and

(b)    the specified person is:

(i) reasonably suspected of having committed the alleged relevant offence, or any of the alleged relevant offences, in respect of which the warrant is issued; or

(ii) the holder of the account; or

(iii) an employee of the holder of the account; or

(iv) a person engaged under a contract for services by the holder of the account; or

(v) a person who uses or has used the account; or

(vi) a person who is or was a system administrator for the electronic service to which the account relates; and

(c)    the specified person has relevant knowledge of:

(i) the account; or

(ii) the electronic service to which the account relates; or

(iii) measures applied to protect account-based data to which the account relates.

(2A)    
In determining whether the assistance order should be granted, the magistrate must have regard to whether the specified person is, or has been, subject to:

(a)    another order under this section; or

(b)    an order under section 3LA of this Act; or

(c)    an order under section 64A or 64B of the Surveillance Devices Act 2004 ;

so far as that matter is known to the magistrate.

(2B)    
Subsection (2B) does not limit the matters to which the magistrate may have regard.

Duration of assistance order

(2C)    
If an assistance order is granted in relation to a computer that is the subject of an account takeover warrant, the order ceases to be in force when the warrant ceases to be in force.

(2D)    
If an assistance order is granted in relation to a computer that is the subject of an emergency authorisation, the order ceases to be in force when the emergency authorisation ceases to be in force.

Protection from civil liability

(2E)    
A person is not subject to any civil liability in respect of an act done by the person:

(a)    in compliance with an assistance order; or

(b)    in good faith in purported compliance with an assistance order.

Offence

(3)    
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 10 years or 600 penalty units, or both.

Additional use of information etc.

(4)    
If information or assistance is provided under this section in connection with an investigation into one or more alleged relevant offences, this Act does not, by implication, prevent the information or assistance from being used in connection with the execution of a section 3E warrant that relates to that investigation.