Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 220

Person with knowledge of computer or computer system to assist access etc

    (1)     An executing police officer may apply to an issuing officer for an order requiring a stated person to provide any information or assistance that is reasonably necessary to allow the executing police officer or a person assisting to do all or any 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.

    (2)     The issuing officer may make an order if satisfied that—

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

        (b)     the stated person is—

              (i)     reasonably suspected of possessing, or having under the person's control, target material of the kind stated in the search 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 stated 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.

    (3)     A person commits an offence if a person contravenes an order under this section.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an order under this section.



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