Failure to provide assistance
15. A person, other than a suspect who, without lawful authority or reasonable excuse fails
to provide assistance or assist a person presenting an order under this Act, commits an offence
and is liable on conviction to––
(a) in the case of an individual, a fine not exceeding $5000 or imprisonment for a term
not exceeding 2 years or both; and
(b) in the case of a body corporate, a fine not exceeding $50,000.
PART 5––PROCEDURAL MEASURES
General procedural powers
16. All powers and procedures under this Act are applicable to and may be exercised with
respect to any––
(a) criminal offence established in accordance with this Act;
(b) other criminal offences committed by means of a computer system established
under any other written law; and
(c) the collection of evidence in electronic form of a criminal offence under this Act
or any other written law.
Search and seizure
17. ––(1) A police officer or authorised person may apply to a judge or magistrate for a
warrant to enter a particular location to search and seize a computer, computer program,
computer system, device or computer data, including search or obtain similar access to––
(a) a computer system or part thereof and computer data stored therein; and
(b) a computer storage medium in which computer data may be stored in the territory
of the country.
(2) The judge or magistrate may issue the warrant, with or without the assistance of an
expert, if the judge or magistrate is satisfied on the basis of sworn evidence, affidavit,
information that there are reasonable grounds to suspect or believe that the computer program,
computer system, device or computer data in the particular location––
(a) may be material as evidence in proving an offence; or
(b) has been acquired by a person as a result of an offence.
(3) For the purposes of this Part and notwithstanding section 15 of the Criminal Procedure
Act 2009, “to seize” includes to––
(a)
(b)
(c)
(d)
(e)
(f)
activate any onsite computer system and electronic storage media;
make and retain a copy of computer data, including by using on-site equipment;
maintain the integrity of the relevant stored computer data;
render inaccessible or removing computer data in the accessed electronic system;
take a printout of output of computer data; or
secure a computer system or part of it or an electronic storage medium.
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