Western Australian Numbered Acts Western Australian Numbered Acts (1) On an application
made under section 58, a magistrate may issue a data access order if
satisfied —
(a) that
the applicant has lawful possession of or lawful access to the target device;
(b)
that, in respect of each of the matters in section 58(3) that the
applicant suspects, other than paragraph (i), there are reasonable
grounds for the applicant to have that suspicion; and
(c) that
the target person has knowledge relevant to gaining access to any data the
target device may contain.
(2) A data access
order must contain this information —
(a) the
applicant’s full name and official details;
(b) the
name of the person to whom the order applies;
(c) a
description of the data storage device to which the order relates;
(d) an
order that the person provide information or assistance that is reasonable and
necessary to allow the applicant to do any or all of the
following —
(i)
to gain access to any data the device may contain;
(ii)
to copy any such data to another data storage device;
(iii)
to reproduce any such data on paper;
(e) the
date on or before which the order must be obeyed;
(f) the
name of the magistrate who issued it;
(g) the
date and time when it was issued.
(3) A data access
order must be in the prescribed form.
(4) If a magistrate
refuses to issue a data access order, he or she must record on the application
the fact of, the date and time of, and the reasons for, the refusal.