Victorian Current Acts Victorian Current ActsS. 465AAA(1) amended by No. 44/2022 s. 75.
(1) Subject to subsection (3), a warrant issued under section 465 in relation to warrant premises may authorise a police officer executing the warrant to give a direction under subsection (2) to a specified person.
(2) A police officer may direct a specified person to provide any information or assistance that is reasonable and necessary to allow the police officer to do one or more of the following things—
(a) access data held in, or accessible from, a computer or data storage device that—
(i) is on warrant premises; or
(ii) has been seized under the warrant and is at a place other than warrant premises;
(b) copy to another data storage device data held in, or accessible from, a computer, or data storage device, described in paragraph (a);
(c) convert into documentary form or another form intelligible to a police officer—
(i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or
(ii) data held in a data storage device to which the data was copied as described in paragraph (b).
(3) A warrant may authorise the giving of a direction under subsection (2) if the magistrate issuing the warrant is satisfied that—
(a) there are reasonable grounds for suspecting that data held in, or accessible from, a computer, or data storage device, described in subsection (2)(a) will afford evidence as to the commission of an indictable offence; and
(b) the specified person is—
(i) reasonably suspected of having committed an indictable offence in relation to which the warrant was issued; or
(ii) the owner or lessee of the computer or device; or
(iii) an employee of the owner or lessee of the computer or device; or
(iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
(v) a person who uses or has used the computer or device; or
(vi) a person who is or was a system administrator for the computer network of which the computer or device forms or formed a part; and
(c) the specified person has relevant knowledge of—
(i) the computer or device or a computer network of which the computer or device forms or formed a part; or
(ii) measures applied to protect data held in, or accessible from, the computer or device.
(4) A person commits an offence if—
(a) the person has relevant knowledge of—
(i) the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or
(ii) measures applied to protect data held in, or accessible from, the computer or data storage device; and
(b) the person is informed by a police officer—
(i) of the authorisation to give the direction under subsection (2) and of its terms; and
(ii) that it is an offence to fail to comply with the direction; and
(c) the person fails to comply with the direction without reasonable excuse.
(5) A person who commits an offence against subsection (4) is liable to level 7 imprisonment (2 years maximum).
(6) An offence against subsection (4) is a summary offence.
(7) A person is not excused from complying with a direction under subsection (2) on the ground that complying with it may result in information being provided that might incriminate the person.
(8) In this section "access", data , data held in a computer and data storage device have the meanings given by section 247A(1).
S. 465AA inserted by No. 79/2014 s. 69.