Phone SeizedAustraliaNSW digital evidence access orders: what police can require
NSW digital evidence access orders: what police can require
What you must do, what you can refuse, and what they can do
Every claim below links to the source it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
A specified person for a digital evidence access order must not, without reasonable excuse, fail to comply with a direction given, in accordance with the order, by the executing officer for the order — maximum penalty 100 penalty units or imprisonment for 5 years, or both.
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s.76AO(1) — failure to comply, offence and maximum penalty
“A specified person for a digital evidence access order must not, without reasonable excuse—fail to comply with a direction given, in accordance with the order, by the executing officer for the order—Maximum penalty—100 penalty units or imprisonment for 5 years, or both.”
Read it at legislation.nsw.gov.auquote checked 2026-09-09
What they can do
A power the law gives them over you or your device.
The executing officer for a digital evidence access order may direct the specified person to give the officer any information or assistance reasonable and necessary to enable the officer to access data held in or accessible from a computer specified in, or within the scope of, the order.
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s.76AM(1) — effect of a digital evidence access order
“The executing officer for a digital evidence access order may direct the specified person to—give the officer any information or assistance reasonable and necessary to enable the officer to access data held in or accessible from a computer specified in, or within the scope of, the order”
Read it at legislation.nsw.gov.auquote checked 2026-09-08
Limits on them
A rule that constrains them, or a remedy you can use.
A digital evidence access order reaches a computer specified in the order, or within the scope of the order — the direction power in s.76AM(1) is framed around that computer.
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s.76AM(1) — effect of a digital evidence access order
“The executing officer for a digital evidence access order may direct the specified person to—give the officer any information or assistance reasonable and necessary to enable the officer to access data held in or accessible from a computer specified in, or within the scope of, the order”
Read it at legislation.nsw.gov.auquote checked 2026-09-08
The s.76AO prohibition on failing to comply with a direction applies to a failure that is without reasonable excuse, but s.76AO(2) says that, without limiting subsection (1), it is not a reasonable excuse for a specified person for a digital evidence access order to fail to comply with the order or a requirement made in accordance with the order on the ground that complying with the order or the requirement would tend to incriminate the person or otherwise expose the person to a penalty.
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s.76AO(1)–(2) — failure to comply, and self-incrimination is not a reasonable excuse
“A specified person for a digital evidence access order must not, without reasonable excuse—fail to comply with a direction given, in accordance with the order, by the executing officer for the order—Without limiting subsection (1), it is not a reasonable excuse for a specified person for a digital evidence access order to fail to comply with the order or a requirement made in accordance with the order on the ground that complying with the order or the requirement would tend to incriminate the person or otherwise expose the person to a penalty.”
Read it at legislation.nsw.gov.auquote checked 2026-10-02
What the sources say
What a document, a report, an agency publication or a provision says, quoted as it is worded.
The historical note to Part 5, Division 4A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) reads “Ins 2022 No 47, Sch 1[5]”.
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Part 5 Division 4A — insertion historical note
“pt 5, div 4A: Ins 2022 No 47, Sch 1[5].”
Read it at legislation.nsw.gov.auquote checked 2026-09-08
New South Wales law, not Commonwealth
This page covers New South Wales law specifically — the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). The Commonwealth s.3LA order is a separate provision, covered on this site’s Crimes Act page.
What a digital evidence access order requires
The executing officer for a digital evidence access order may direct the specified person to give the officer any information or assistance reasonable and necessary to enable the officer to access data held in or accessible from a computer specified in, or within the scope of, the order.
A specified person for a digital evidence access order must not, without reasonable excuse, fail to comply with a direction given, in accordance with the order, by the executing officer. Section 76AO carries a maximum penalty of 100 penalty units or imprisonment for 5 years, or both.
Section 76AO(2) says that, without limiting subsection (1), it is not a reasonable excuse for a specified person for a digital evidence access order to fail to comply with the order or a requirement made in accordance with the order on the ground that complying with the order or the requirement would tend to incriminate the person or otherwise expose the person to a penalty.
The limits on the order
The direction power in s.76AM(1) is framed around a computer specified in, or within the scope of, the order.
The prohibition in s.76AO is worded “without reasonable excuse”, and s.76AO(2) says that, without limiting subsection (1), it is not a reasonable excuse for a specified person for a digital evidence access order to fail to comply with the order or a requirement made in accordance with the order on the ground that complying with the order or the requirement would tend to incriminate the person or otherwise expose the person to a penalty.
The Act that inserted Division 4A
The historical note to LEPRA’s Part 5, Division 4A reads “Ins 2022 No 47, Sch 1[5]” — that is, it was inserted by the 2022 amending Act (2022 No 47).
See how this compares with the Commonwealth’s s.3LA order, Queensland’s device information orders, Victoria’s s.465AA orders, and when you must give police the code generally.
Last reviewed . Next review due . No lawyer has reviewed this page — see [email protected] if you think something here is wrong.