Phone SeizedAustraliaVictoria's s.465AA assistance orders
Victoria's s.465AA assistance orders
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.
Once the Magistrates’ Court makes an order under s.465AA, you must give police any information or assistance that is reasonable and necessary to allow them to do one or more of the things the order specifies.
Crimes Act 1958 (Vic), s.465AA(2) — order on application of a senior sergeant or above, authorised version
“The Magistrates' Court may, on the application of a police officer of or above the rank of senior sergeant, make an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a police officer to do one or more of the things specified in subsection (3).”
Read it at content.legislation.vic.gov.auquote checked 2026-09-08
Failing to comply with a s.465AA order, without reasonable excuse, is itself a criminal offence.
Crimes Act 1958 (Vic), s.465AA(9) — offence, authorised version
“A person commits an offence if—the person fails to comply with the order without reasonable excuse.”
Read it at content.legislation.vic.gov.auquote checked 2026-09-08
You can refuse
No penalty for saying no.
Only a police officer of or above the rank of senior sergeant can apply for a s.465AA order in the first place.
Crimes Act 1958 (Vic), s.465AA(2) — order on application of a senior sergeant or above, authorised version
“The Magistrates' Court may, on the application of a police officer of or above the rank of senior sergeant, make an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a police officer to do one or more of the things specified in subsection (3).”
Read it at content.legislation.vic.gov.auquote checked 2026-09-08
The s.465AA offence for failing to comply arises only where there is no reasonable excuse for the failure.
Crimes Act 1958 (Vic), s.465AA(9) — offence, authorised version
“A person commits an offence if—the person fails to comply with the order without reasonable excuse.”
Read it at content.legislation.vic.gov.auquote checked 2026-09-08
Lawful to refuse — but it costs you
Not an offence, but it carries a penalty or an inference.
The maximum penalty for failing to comply with a s.465AA order is level 6 imprisonment — up to 5 years.
Crimes Act 1958 (Vic), s.465AA(10) — penalty, authorised version
“A person who commits an offence against subsection (9) is liable to level 6 imprisonment (5 years maximum).”
Read it at content.legislation.vic.gov.auquote checked 2026-09-08
Limits on them
A rule that constrains them, or a remedy you can use.
A s.465AA order can be made only where a magistrate has issued a warrant under s.465 in relation to the warrant premises.
Crimes Act 1958 (Vic), s.465AA(1) — application, authorised version
“This section applies if a magistrate has issued a warrant under section 465 in relation to warrant premises.”
Read it at content.legislation.vic.gov.auquote checked 2026-09-08
Victorian law
This page covers Victoria — the Crimes Act 1958. It sits alongside the Commonwealth’s s.3LA order, which Victoria Police can also use.
What a s.465AA order requires
Once the Magistrates’ Court makes an order under s.465AA, you must give police any information or assistance that is reasonable and necessary to allow them to do one or more of the things the order specifies.
Failing to comply with that order, without reasonable excuse, is itself a criminal offence.
The limits on the order
The order power only applies where a magistrate has already issued a warrant under s.465 for the relevant premises — it does not exist as a stand-alone power.
Only a police officer of or above the rank of senior sergeant can apply for a s.465AA order in the first place.
The offence for failing to comply also arises only where there is no reasonable excuse for the failure.
The penalty
The maximum penalty for failing to comply with a s.465AA order is level 6 imprisonment — up to 5 years.
See how this compares with the Commonwealth’s s.3LA order, New South Wales’ digital evidence access orders, Queensland’s device information 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.