QLD Is an order for device access information valid if its not signed by a Magistrate or Judge? Sec 154 PPRA 2000

[Baldy44]

Cincumstances:​

So police knocked at door with a search warrant. The warrant includes sec 154 of the PPRA (device access order). Police warned me it was an offence not to comply with sec 154 and therefore I complied. There is a requirement that a search warrant that includes section 154 is issued by a Magistrate or Judge and this warrant was issued by a Justice of Peace. I didn't realise this until I went over the warrant again later. I complied due to the warning police gave me regarding non compliance. ​

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Questions:

1. Is the order for device access informaiton valid if signed by a JP?.​

2. Would any evidence obtained from the order be admisable in court?​

Relevant section of the PPRA below​

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POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 154​

Order in search warrant about device information from digital device

154 Order in search warrant about device information from digital device​

(1) If the issuer is a magistrate or a judge, the issuer may, in a search warrant, order a specified person to do any of the following in relation to a digital device at the place—

(a) give a police officer access to the device;

(b) give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device;

(c) allow a police officer to—

(i) use access information for the device to gain access to device information from the device; or

(ii) examine device information from the device to find out whether the information may be relevant evidence; or

(iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or

(iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a police officer.

(2) 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 seized and removed from the place, after the device has been removed.

(3) An order made under subsection (2) must state—

(a) the time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (1) (b) ; and

(b) the place where the specified person must provide the information or assistance; and

(c) any conditions to which the provision of the information or assistance is subject; and

(d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A

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