Commonwealth Consolidated Acts

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CIVIL AVIATION ACT 1988 - SECT 32AHI

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

  (1)   The investigator executing the warrant 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 or a person assisting him or her or to do one or more of the following:

  (a)   access data held in a computer, or accessible from a computer, that is on premises in relation to which the warrant is in force;

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

  (c)   convert the data into documentary form.

  (2)   The magistrate may grant the order if he or she 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)   in the case of a warrant--reasonably suspected of having committed the offence stated in the 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.

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

Penalty:   Imprisonment for 6 months.



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