Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 246

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

  (1)   An * executing officer may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable or 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 the * premises;

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

  (c)   convert the data into documentary form.

  (2)   The magistrate may make an order if satisfied that:

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

  (b)   the specified person is:

  (i)   reasonably suspected of possessing, or having under his or her control, * tainted property or evidential material; 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 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 or 30 penalty units, or both.



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