South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 74BR

74BR—Order to provide information or assistance to access data held on computer etc

        (1)         A magistrate may, on application by a police officer, make an order requiring a person (the "specified person") to provide any information or assistance that is reasonable or necessary to allow a police officer to do 1 or more of the following:

            (a)         access, examine, or perform any function in relation to, any data held on any computer or data storage device;

            (b)         copy data held on any computer or data storage device to another computer or data storage device;

            (c)         reproduce or convert data held on any computer or data storage device into documentary form or another form that enables it to be understood by the police officer.

        (2)         The specified person is not a party to proceedings under this section.

        (3)         The magistrate may make the order if satisfied that—

            (a)         there are reasonable grounds to suspect that data held on a computer or data storage device may afford evidence of a child exploitation offence; and

            (b)         the specified person is—

                  (i)         reasonably suspected of having committed a child exploitation offence in relation to which the order is sought; or

                  (ii)         the owner or lessee of the computer or data storage device; or

                  (iii)         an employee of the owner or lessee of the computer or data storage device; or

                  (iv)         a person engaged under a contract for services by the owner or lessee of the computer or data storage device; or

                  (v)         a person who uses or has used the computer or data storage device; or

                  (vi)         a person who is, or was, a system administrator for the system including the computer or data storage device; and

            (c)         the specified person has relevant knowledge of—

                  (i)         the computer, data storage device or a computer network of which the computer or device forms or formed a part; or

                  (ii)         measures applied to protect data held on the computer or data storage device.

        (4)         The order—

            (a)         need not identify any particular computer or data storage device in respect of which it applies; and

            (b)         need not specify the particular information or assistance to be provided; and

            (c)         may specify the period within which the specified person must provide the information or assistance; and

            (d)         may provide that the specified person provide information or assistance at a place at which a computer or data storage device has been, or is to be, lawfully removed; and

            (e)         may specify any conditions to which the requirement to provide information or assistance is subject.

        (5)         A statement of the grounds on which an order has been made must not contain information, the disclosure of which would be inconsistent with a decision of a magistrate under section 74BU.

        (6)         An order may be made in respect of a child exploitation offence suspected of having been committed, or alleged to have been committed, before or after the commencement of this Part.