Criminal Code

Marginal note:Preservation demand

• 487.012 (1) A peace officer or public officer may make a demand to a person in Form 5.001 requiring them to preserve computer data that is in their possession or control when the demand is made.

• Marginal note:Conditions for making demand

  (2) The peace officer or public officer may make the demand only if they have reasonable grounds to suspect that

  • (a) 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;

  • (b) in the case of an offence committed under a law of a foreign state, an investigation is being conducted by a person or authority with responsibility in that state for the investigation of such offences; and

  • (c) the computer data is in the person’s possession or control and will assist in the investigation of the offence.

• Marginal note:Limitation

  (3) A demand may not be made to a person who is under investigation for the offence referred to in paragraph (2)(a).

• Marginal note:Expiry and revocation of demand

  (4) A peace officer or public officer may revoke the demand by notice given to the person at any time. Unless the demand is revoked earlier, the demand expires

  • (a) in the case of an offence that has been or will be committed under this or any other Act of Parliament, 21 days after the day on which it is made; and

  • (b) in the case of an offence committed under a law of a foreign state, 90 days after the day on which it is made.

• Marginal note:Conditions in demand

  (5) The peace officer or public officer who makes the demand may impose any conditions in the demand that they consider appropriate  — including conditions prohibiting the disclosure of its existence or some or all of its contents  — and may revoke a condition at any time by notice given to the person.

• Marginal note:No further demand

  (6) A peace officer or public officer may not make another demand requiring the person to preserve the same computer data in connection with the investigation.