Cybercrime Code
(6)
Information obtained by the use of such software or hardware is to be protected against any
unauthorised modification, deletion or access.
(7)
The duration of an order made under Subsection (1) shall not exceed six months.
(8)
Where an order under Subsection (1) is discharged, the software or hardware installed shall
immediately be removed.
(9)
The Court may revoke an order under Subsection (1) where it is satisfied, on reasonable grounds,
that in discharging the order, a member of the Police Force acted in excess of its terms.
(10) Where the installation process requires physical access to a private place, the requirements of
Sections 32 and 33 shall be complied with.
(11)
In an application under Subsection (1), the Court may order an ICT Service Provider to assist
with the installation process.
Division 4. - Evidence and Admissibility.
42.
JUDICIAL NOTICE.
(1)
The Court shall take judicial notice of electronic seals, electronic signatures or electronic
certificates, or any other forms of electronic verification.
(2)
this Act.
43.
Where relevant, Part II of the Evidence Act (Chapter 48) relating to Judicial Notice applies to
ELECTRONIC
EVIDENCE.
(1) _ In the trial of an offence under this Act, the fact that evidence has been generated or stored
electronically or has resulted from an electronic system or device does not of itself prevent that evidence
from being admissible in Court.
(2)
Evidence required for the purposes of this Act shall be governed by the provisions of the
Evidence Act (Chapter 48).
PART V. - ICT SERVICE PROVIDERS.
44.
CRIMINAL LIABILITY OF ICT SERVICE PROVIDERS.
(1)
An ICT Service Provider which -
(a)
(b)
(c)
intentionally or knowingly, and without lawful excuse or justification or in excess of a
lawful excuse or justification, monitors the information which they transmit or store on
behalf of their users or actively seek facts or circumstances indicating illegal activity by
their users;
or
intentionally or without lawful excuse or justification, or in excess of a lawful excuse or
justification, initiates or aides in facilitating the action which results in the commission of
an offence under this Act or which results in the contravention of any other law in force in
Papua New Guinea; or
knowingly or upon knowledge of criminal investigations or proceedings, undertakes or
omits to undertake an act, thereby concealing, preventing, or frustrating the criminal
investigations or proceedings; or
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