時間：2014-12-28 14:05來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
|
To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (3) If: Section 32AHH (a) the investigator or the person assisting him or her takes the device from the premises; and (b)CASA is satisfied that the data is not required (or is no longer required) for an investigation or the prosecution of a person; CASA must arrange for: (c) the removal of the data from any device in the control of CASA; and (d) the destruction of any other reproduction of the data in the control of CASA. (4)If the investigator or the person assisting him or her, after operating the equipment, finds that evidential material is accessible by doing so, he or she may: (a) seize the equipment and any disk, tape or other associated device; or (b)if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced. (5)A person may seize equipment under paragraph (4)(a) only if: (a)it is not practicable to put the material in documentary form as referred to in paragraph (4)(b); or (b)possession of the equipment by the occupier could constitute an offence. 32AHH Use of electronic equipment at premises with expert assistance (1) If the investigator executing the warrant or a person assisting him or her believes on reasonable grounds that: (a) evidential material may be accessible by operating electronic equipment at the premises; and (b)expert assistance is required to operate the equipment; and (c)if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with; he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise. Section 32AHI (2)The investigator or the person assisting him or her must notify the occupier of the premises, in writing, of: (a)his or her intention to secure the equipment; and (b) the fact that the equipment may be secured for up to 24 hours. (3)The equipment may be secured for up to 24 hours to allow the equipment to be operated by an expert. (4)If the investigator or the person assisting him or her believes on reasonable grounds that expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period. (5)The investigator or the person assisting him or her must notify the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application. (6)The provisions of this Part in relation to the issuing of warrants apply, with such modifications as are necessary, to the issuing of an extension. (7)A notification given to the occupier of the premises under this section is not a legislative instrument. 32AHI Person with knowledge of a computer or a computer system to assist access etc. (1) The investigator executing the warrant may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the officer or a person assisting him or her or to do one or more of the following: (a) access data held in a computer, or accessible from a computer, that is on premises in relation to which the warrant is in force; (b)copy the data to a data storage device; (c) convert the data into documentary form. Section 32AHJ (2)The magistrate may grant the order if he or she is satisfied that: (a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer; and (b) the specified person is: (i)in the case of a warrant—reasonably suspected of having committed the offence stated in the warrant; or (ii) the owner or lessee of the computer; or (iii) an employee of the owner or lessee of the computer; and (c)the specified person has relevant knowledge of: (i) the computer or a computer network of which the computer forms a part; or (ii) measures applied to protect data held in, or accessible from, the computer. (3)A person commits an offence if the person fails to comply with the order. Penalty: Imprisonment for 6 months. 32AHJ Accessing data held on other premises—notification to occupier of those premises (1) If: (a)data that is held on premises (other than the premises in relation to which the warrant is in force) is accessed under subsection 32AHG(1); and (b)it is practicable to notify the occupier of the other premises that the data has been accessed under a warrant; the investigator executing the warrant must: (c)do so as soon as practicable; and (d)if the investigator has arranged, or intends to arrange, for continued access to the data under subsection 32AHG(2) or (5)—include that information in the notification. (2) A notification under subsection (1) must include sufficient information to allow the occupier of the other premises to contact the investigator. Section 32AHK 32AHK Compensation for damage to electronic equipment (1)This section applies if: (a) as a result of equipment being operated as mentioned in section 32AHF, 32AHG or 32AHH: (i)damage is caused to the equipment; or (ii) the data recorded on the equipment is damaged; or (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and (b) the damage or corruption occurs because: (i)insufficient care was exercised in selecting the person who was to operate the equipment; or (ii)insufficient care was exercised by the person operating the equipment. (2)The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on. (3)However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines. |
