Preservation order — computer data
487.013 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to preserve computer data that is in their possession or control when they receive the order.
Conditions for making order
(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.002
(a) that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state, that the computer data is in the person’s possession or control and that it will assist in the investigation of the offence; and
(b) that a peace officer or public officer intends to apply or has applied for a warrant or an order in connection with the investigation to obtain a document that contains the computer data.
Offence against law of foreign state
(3) If an offence has been committed under a law of a foreign state, the justice or judge must also be satisfied that a person or authority with responsibility in that state for the investigation of such offences is conducting the investigation.
Form
(4) The order is to be in Form 5.003.
Limitation
(5) A person who is under investigation for an offence referred to in paragraph (2)(a) may not be made subject to an order.
Expiry of order
(6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made.
Annotations
- Part XV