Victorian Numbered Acts

CONSUMER ACTS AND OTHER ACTS AMENDMENT ACT 2016 (NO. 23 OF 2016) - SECT 11

After section 158 of the Australian Consumer Law and Fair Trading Act 2012 insert —

        " 158A     Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device

    (1)     This section applies if a magistrate is satisfied by evidence, on oath or by affidavit, that there are reasonable grounds to believe that there is information in digital or electronic format connected with a contravention of this Act or the regulations that is accessible from particular premises.

    (2)     Subject to subsection (3), a warrant issued by the magistrate under section 157(3) may authorise the inspector named in the warrant to require a person to provide any information or assistance that is reasonable and necessary to allow the inspector or another person to do one or more of the following things—

        (a)     access information held in, or accessible from, any computer or other electronic device located on the premises;

        (b)     download or make an electronic copy of that information;

        (c)     make or produce a physical copy of that information.

    (3)     The inspector may require a person to provide the information or assistance referred to in subsection (2) if the person—

        (a)     is one of the following—

              (i)     the person alleged to have contravened this Act or the regulations;

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

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

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

        (b)     has relevant knowledge of—

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

              (ii)     measures applied to protect information held in, or accessible from, the computer or electronic device.".