THE proposed Police Bill 2026 would give courts the power to order individuals to assist police in accessing information stored on mobile phones, computers and other digital devices during criminal investigations.
Under Clause 88, a magistrate or judge issuing a search warrant may order a specified person to provide access to a digital device, supply access information such as passwords or codes, and assist police in retrieving information from the device.
The Bill states that a court may order a person to give police access to a digital device, provide access information to the device, assist police in gaining access to the device and allow police to examine, copy and convert digital information into a usable form for investigations.
The proposed legislation would also allow police to use another digital device to copy information believed to be relevant evidence.
In addition, the powers would extend to devices seized and removed from premises during the execution of a search warrant.
A court order must specify where and when the assistance or information must be provided and outline any conditions attached to the order.
Importantly, the Bill creates a criminal offence for refusing to comply with such orders.
“A person who, without reasonable excuse, contravenes an order made under sections 88(1) or (2), 89(2) or 90(2) commits an offence,” the legislation states.
Those convicted could face imprisonment for up to five years.
The provisions form part of a broader suite of digital investigation powers contained in the Police Bill 2026, which was tabled in Parliament this week.
If enacted, the law would significantly expand police powers to access electronic evidence in criminal investigations, while also placing legal obligations on individuals to assist authorities in accessing data stored on digital devices.
The proposed measures are likely to attract scrutiny from legal and privacy advocates given their implications for digital privacy, encryption, access credentials and the protection of personal information.
