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 source it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
A person commits an offence if the person has relevant knowledge of the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part, or of measures applied to protect data held in, or accessible from, the computer or data storage device; the person is informed by a police officer of the order made under s.465AA and of its terms, and that it is an indictable offence punishable by imprisonment to fail to comply with the order; and the person fails to comply with the order without reasonable excuse.
Crimes Act 1958 (Vic), s.465AA(9) — offence, Authorised Version No. 323
“A person commits an offence if—the person has relevant knowledge of—the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or—measures applied to protect data held in, or accessible from, the computer or data storage device;—the person is informed by a police officer—of the order made under this section and of its terms; and—that it is an indictable offence punishable by imprisonment to fail to comply with the order; and—the person fails to comply with the order without reasonable excuse.”
Read it at content.legislation.vic.gov.auquote checked 2026-10-02
Section 465AA(6) says a person is not excused from complying with an order on the ground that complying with it may result in information being provided that might incriminate the person.
Crimes Act 1958 (Vic), s.465AA(6) and (9)(c) — self-incrimination is no ground for non-compliance; the offence, Authorised Version No. 323
“A person is not excused from complying with an order on the ground that complying with it may result in information being provided that might incriminate the person.—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 2026-10-02
A person who commits an offence against s.465AA(9) is liable to level 6 imprisonment (5 years maximum).
Crimes Act 1958 (Vic), s.465AA(10) — penalty, Authorised Version No. 323
“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 2026-10-02
What they can do
A power the law gives them over you or your device.
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 s.465AA(3).
Crimes Act 1958 (Vic), s.465AA(2) — order on application of a senior sergeant or above, Authorised Version No. 323
“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 2026-10-02
Limits on them
A rule that constrains them, or a remedy you can use.
Section 465AA applies if a magistrate has issued a warrant under section 465 in relation to warrant premises.
Crimes Act 1958 (Vic), s.465AA(1) — application, Authorised Version No. 323
“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 2026-10-02
The s.465AA(9) offence applies to a person who has relevant knowledge of the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part, or of measures applied to protect data held in, or accessible from, the computer or data storage device, and who is informed by a police officer of the order made under s.465AA and of its terms, and that it is an indictable offence punishable by imprisonment to fail to comply with the order.
Crimes Act 1958 (Vic), s.465AA(9) — offence, Authorised Version No. 323
“A person commits an offence if—the person has relevant knowledge of—the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or—measures applied to protect data held in, or accessible from, the computer or data storage device;—the person is informed by a police officer—of the order made under this section and of its terms; and—that it is an indictable offence punishable by imprisonment to fail to comply with the order; and—the person fails to comply with the order without reasonable excuse.”
Read it at content.legislation.vic.gov.auquote checked 2026-10-02
Victorian law
This page covers Victoria — the Crimes Act 1958. The Commonwealth’s s.3LA order is a separate provision, covered on its own page.
What a s.465AA order requires
The Magistrates’ Court may, on the application of a police officer of or above the rank of senior sergeant, make an order under s.465AA 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).
Under s.465AA(9), a person commits an offence if the person has relevant knowledge of the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part, or of measures applied to protect data held in, or accessible from, the computer or data storage device; the person is informed by a police officer of the order made under this section and of its terms, and that it is an indictable offence punishable by imprisonment to fail to comply with the order; and the person fails to comply with the order without reasonable excuse.
Section 465AA(6) says a person is not excused from complying with an order on the ground that complying with it may result in information being provided that might incriminate the person.
The limits on the order
Section 465AA(1) says the section applies if a magistrate has issued a warrant under section 465 in relation to warrant premises.
The court may make the order on the application of a police officer of or above the rank of senior sergeant.
Under s.465AA(9)(a) and (b), the offence applies to a person who has relevant knowledge of the computer or data storage device or a computer network of which it forms or formed a part, or of measures applied to protect data held in, or accessible from, it, and who is informed by a police officer of the order and its terms and that it is an indictable offence punishable by imprisonment to fail to comply with the order.
The penalty
A person who commits an offence against s.465AA(9) is liable to level 6 imprisonment (5 years maximum).
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 . Next review due . No lawyer has reviewed this page — see [email protected] if you think something here is wrong.