Page:Cybersecurity Act 2018.pdf/34

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CYBERSECURITY
35


(a) the exercise of the power is necessary for the purposes of the investigation;
(b) there is no less disruptive method of achieving the purpose of the investigation; and
(c) after consultation with the owner, and having regard to the importance of the computer or other equipment to the business or operational needs of the owner, the benefit from the exercise of the power outweighs the detriment caused to the owner,

and the Commissioner has issued to the incident response officer a written authorisation to exercise the power.

(6) The incident response officer must, immediately after the completion of the further examination or analysis on the computer or other equipment which was taken into possession in exercise of the power mentioned in subsection (2)(h), return the computer or other equipment to the owner.

(7) Any person who—

(a) in relation to an investigation under this section, wilfully misstates or without reasonable excuse refuses to give any information, provide any statement or produce any record, document or copy required of the person by the incident response officer under section 19(2);
(b) in relation to an investigation under this section, fails, without reasonable excuse, to comply with an order issued by a Magistrate under section 19(5);
(c) fails, without reasonable excuse, to comply with a direction or requirement of an incident response officer under subsection (2)(b) or (c); or