CRIMES ACT 1914 Person with knowledge of a computer or a computer system to assist access etc. (2025)

Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3LA

(1) A constable may apply to a magistrate for an order requiringa specified person to provide any information or assistance that is reasonableand necessary to allow a constable to do one or more of the following:

(a) access data held in, or accessible from, a computer or datastorage device that:

(i) is on warrant premises; or

(ia) is found in the course of an ordinary search of a person,or a frisk search of a person, authorised by a warrant under section 3E; or

(ii) has been moved under subsection 3K(2) and is at aplace for examination or processing; or

(iii) has been seized under this Division;

(b) copy data held in, or accessible from, a computer, or datastorage device, described in paragraph (a) to another data storagedevice;

(c) convert into documentary form or another form intelligibleto a constable:

(i) data held in, or accessible from, a computer, or datastorage device, described in paragraph (a); or

(ii) data held in a data storage device to which the data wascopied as described in paragraph (b); or

(iii) data held in a data storage device removed from warrantpremises under subsection 3L(1A).

(2) The magistrate may grant the order if the magistrate issatisfied that:

(a) there are reasonable grounds for suspecting that evidentialmaterial is held in, or is accessible from, the computer or data storagedevice; and

(b) the specified person is:

(i) reasonably suspected of having committed the offence statedin the relevant warrant; or

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

(iii) an employee of the owner or lessee of the computer ordevice; or

(iv) a person engaged under a contract for services by the owneror 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 thesystem including the computer or device; and

(c) the specified person has relevant knowledge of:

(i) the computer or device or a computer network of which thecomputer or device forms or formed a part; or

(ii) measures applied to protect data held in, or accessiblefrom, the computer or device.

(3) If:

(a) the computer or data storage device that is the subject ofthe order is seized under this Division; and

(b) the order was granted on the basis of an application madebefore the seizure;

the order does not have effect on or after the seizure.

Note: An application for another order under this section relating tothe computer or data storage device may be made after the seizure.

(4) If the computer or data storage device is not on warrantpremises, the order must:

(a) specify the period within which the person must provide theinformation or assistance; and

(b) specify the place at which the person must provide theinformation or assistance; and

(c) specify the conditions (if any) determined by the magistrateas the conditions to which the requirement on the person to provide theinformation or assistance is subject.

Offences

(5) A person commits an offence if:

(a) the person is subject to an order under this section; and

(b) the person is capable of complying with a requirement in theorder; and

(c) the person omits to do an act; and

(d) the omission contravenes the requirement.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(6) A person commits an offence if:

(a) the person is subject to an order under this section; and

(b) the person is capable of complying with a requirement in theorder; and

(c) the person omits to do an act; and

(d) the omission contravenes the requirement; and

(e) the offence to which the relevant warrant relates is:

(i) a serious offence; or

(ii) a serious terrorism offence.

Penalty: Imprisonment for 10 years or 600 penalty units, or both.

Additional use of information etc.

(7) If information or assistance is provided under this sectionin connection with an investigation into one or more alleged offences, thisAct does not, by implication, prevent the information or assistance from beingused in connection with the execution of an account takeover warrant (withinthe meaning of Part IAAC) that relates to that investigation.