Page:Cybersecurity Act 2018.pdf/58

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
CYBERSECURITY
59


(c) fails to comply with a lawful demand of an investigation officer in the discharge of the investigation officer’s duties under this Act,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

(7) In this section and section 39, “investigation officer” means the Deputy Commissioner, or any Assistant Commissioner or cybersecurity officer authorised by the Commissioner, exercising the powers of investigation under this section or section 39.

Power to enter premises under warrant

39.—(1) A Magistrate may, on the application of an investigation officer, issue a warrant in respect of any premises if the Magistrate is satisfied that there are reasonable grounds to suspect that there is on the premises any document—

(a) which has been required by an investigation officer under section 38 to be furnished, but has not been furnished in compliance with that requirement; or
(b) which, if required by an investigation officer under section 38 to be furnished, will be concealed, removed, tampered with or destroyed.

(2) If the Magistrate is also satisfied that there are reasonable grounds to suspect that there is on those premises any other document that relates to any matter relevant to the investigation concerned, the Magistrate may direct that the powers exercisable under the warrant extend to that other document.

(3) A warrant under subsection (1) may authorise a named investigation officer, and any other officer whom the Commissioner has authorised in writing to accompany the investigation officer—

(a) to enter and search the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
(b) to take possession of, make copies of, or secure against interference, any document (or any part of it) that appears to