POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 178A Order about digital device at or seized from a crime scene

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 178A

178A Order about digital device at or seized from a crime scene

(1) On the application of a police officer, a Supreme Court judge or a magistrate may make an order requiring a specified person to do a thing mentioned in subsection (2) in relation to a digital device—

(a) situated at a crime scene; or

(b) seized from a crime scene under section 176 (1) (j) .

(2) The specified person may be required to—

(a) give a police officer access to the device; or

(b) give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or

(c) allow a police officer to—

(i) use access information for the device to gain access to device information from the device; or

(ii) examine device information from the device to find out whether the information may be evidence of the commission of a crime scene threshold offence; or

(iii) make a copy of device information from the device that may be evidence of the commission of a crime scene threshold offence, including by using another digital device; or

(iv) convert device information from the device that may be evidence of the commission of a crime scene threshold offence into documentary form, or another form, that enables the information to be understood by a police officer.

(3) The judge or magistrate may make the order only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of the commission of the offence for which the crime scene was, or is to be, established.

(4) The order must state—

(a) the time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (2) (b) ; and

(b) the place where the specified person must provide the information or assistance; and

(c) any conditions to which the provision of the information or assistance is subject; and

(d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A .

(5) Without limiting when the application for the order may be made, the application may be made at the same time the police officer applies for a crime scene warrant for the crime scene and the judge or magistrate may include the order in the crime scene warrant.