Phone SeizedAustraliaQueensland device information orders under the PPRA
Queensland device information orders under the PPRA
What you must do, what you can refuse, and what they can do
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
An order made under s.154 can require a specified person, in relation to a digital device at the place, to use their access information for the device to gain access to device information held on it.
Police Powers and Responsibilities Act 2000 (Qld), s.154(1)(c)(i) — order about device access information (current as at 1 July 2026)
“a specified person to do any of the following in relation to a digital device at the place—use access information for the device to gain access to device information from the device”
Read it at legislation.qld.gov.auquote checked 2026-09-08
If a magistrate or judge issues the search warrant, they may also order, in that warrant, that a specified person is required to do a thing mentioned in s.154(1)(b) or (c) in relation to a digital device.
This is an order made as part of the original warrant, rather than a separate application afterwards.
Police Powers and Responsibilities Act 2000 (Qld), s.154(2) — order extending to a device after removal (current as at 1 July 2026)
“If the issuer is a magistrate or a judge, the issuer may also, in the search warrant, order that a specified person is required to do a thing mentioned in subsection — (1)(b) or (c) in relation to a digital device”
Read it at legislation.qld.gov.auquote checked 2026-09-08
A magistrate or judge may also, on a police officer’s application, separately order a specified person to do a thing mentioned in s.154(1)(b) or (c).
This is a distinct order power from the one a magistrate can include in the original search warrant.
Police Powers and Responsibilities Act 2000 (Qld), s.154A(2) — post-seizure order (current as at 1 July 2026)
“On the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154(1)(b) or (c).”
Read it at legislation.qld.gov.auquote checked 2026-09-08
Contravening, without reasonable excuse, an order made under PPRA s.154(1) or (2), s.154A(2) or s.178A(1) commits a crime under s.205A of the Criminal Code, carrying a maximum penalty of 5 years imprisonment.
Criminal Code (Qld), s.205A(1) — contravening a device information order, offence and penalty (current as at 1 July 2026)
“A person who, without reasonable excuse, contravenes—an order made under the Police Powers and Responsibilities Act 2000, section 154(1) or (2), 154A(2) or 178A(1)—commits a crime.—Maximum penalty—5 years imprisonment.”
Read it at legislation.qld.gov.auquote checked 2026-09-09
You can refuse
No penalty for saying no.
The Criminal Code offence for contravening a device information order arises only where there is no reasonable excuse for the contravention.
Criminal Code (Qld), s.205A(1) — contravening a device information order, offence and penalty (current as at 1 July 2026)
“A person who, without reasonable excuse, contravenes—an order made under the Police Powers and Responsibilities Act 2000, section 154(1) or (2), 154A(2) or 178A(1)—commits a crime.—Maximum penalty—5 years imprisonment.”
Read it at legislation.qld.gov.auquote checked 2026-09-09
Limits on them
A rule that constrains them, or a remedy you can use.
A separate order under s.154A(2) can be made only on the application of a police officer.
Police Powers and Responsibilities Act 2000 (Qld), s.154A(2) — post-seizure order (current as at 1 July 2026)
“On the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154(1)(b) or (c).”
Read it at legislation.qld.gov.auquote checked 2026-09-08
Queensland law
This page covers Queensland law — the Police Powers and Responsibilities Act 2000 (PPRA) and the Criminal Code. It sits alongside the Commonwealth’s s.3LA order, which Queensland police can also use.
What an order can require
An order made under s.154 can require a specified person, in relation to a digital device at the place, to use their access information for the device to gain access to device information held on it.
If a magistrate or judge issues the underlying search warrant, they may also order, in that same warrant, that a specified person is required to do a thing mentioned in s.154(1)(b) or (c) in relation to a digital device.
Separately, a magistrate or judge may, on a police officer’s application, make an order requiring a specified person to do a thing mentioned in s.154(1)(b) or (c) — a distinct order power from the one that can be included in the original warrant.
The offence for contravening an order
Contravening, without reasonable excuse, an order made under PPRA s.154(1) or (2), s.154A(2) or s.178A(1) is addressed by s.205A of the Criminal Code as an offence.
That offence arises only where there is no reasonable excuse for the contravention — the Code builds the qualification directly into s.205A.
Who can seek the separate order
The separate order under s.154A(2) can only be made where a police officer applies for it — a magistrate or judge does not make one of their own motion.
See how this compares with the Commonwealth’s s.3LA order, New South Wales’ digital evidence access orders, Victoria’s s.465AA orders, and when you must give police the code generally.
Last reviewed 2026-09-08. Next review due 2027-03-08. No lawyer has reviewed this page — see [email protected] if you think something here is wrong.