Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The chief police officer, a deputy chief police officer or a police officer of or above the rank of sergeant may apply to the Magistrates Court for an order requiring the registrable offender to provide any information or assistance that is reasonably necessary to allow the executing officer or an assisting officer to do any of the following:
(a) access data held in or accessible from electronic equipment that is on the premises;
(b) copy the data to a data storage device;
(c) convert the data into documentary form.
(2) The court may make an order if satisfied on reasonable grounds that—
(a) the registrable offender has failed to provide the information or assistance; or
(b) evidential material in relation to an offence is held in or accessible from the equipment and subject to subsection (4), it is likely that the material would be admissible in a criminal proceeding.
(3) A registrable offender commits an offence if the offender—
(a) is ordered to provide information or assistance under this section; and
(b) is reckless as to the requirement to provide information or assistance; and
(c) fails to provide the information or assistance as ordered.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(4) Any material obtained, directly or indirectly, because of accessing, copying or converting data under this section is not admissible in evidence against the registrable offender in a proceeding, other than a proceeding—
(a) under this Act; or
(b) under the Criminal Code
, part 3.4 (False or misleading statements, information and documents).
(5) The provisions of this part relating to the issue of entry and search warrants apply, with any necessary changes, to the making of an order under this section.