Section 12Part 3 — INVESTIGATION OF STALKING COMPLAINTS AND CONDUCT OF PROCEEDINGS
Service provider to furnish particulars to court
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If an application for a protection order is made pursuant to section 4 and the court is satisfied that a protection order must be issued as a result of the stalking of the complainant by means of an ICT Service or ICT Network of a service provider and the identity of the respondent is not known, the court may issue a direction which requires the service provider to provide —
information that facilitates the identification of the origin and destination of the communication;
the date and time the communication was sent, delivered, received or transmitted, or was intended to be sent, delivered, received or transmitted; and
any other information that is available to the service provider which may be of assistance to the court in identifying the respondent and source of the communication.
If the court issues a direction under subsection (1) it shall order that the direction be served on the service provider.
The information referred to in subsection (1) shall be provided to the court within five days from the time that the direction is served on a service provider.
A service provider on whom a direction is served may apply to the court for —
an extension of the period of five days for a further period of five days on the grounds that the information cannot be provided within the time directed; or
the cancellation of the direction on the grounds that —
it does not provide an ICT Service or operate an ICT Network;
the requested information is not available in the records of the service provider; or
the requested information is incapable of retrieval.
After receipt of an application made under subsection (4) the court —
shall consider the application;
if it deems fit may request any additional evidence by way of affidavit from the service provider;
shall give a decision in respect of the application; and
shall inform the service provider of the outcome of the application.
Any data, records or information that is the subject of an investigation shall, where physically and electronically possible, be retained by a service provider for such period as the court may by order direct.
A service provider who —
fails without reasonable excuse to comply with a direction of the court;
destroys, alters or conceals or causes to be destroyed, altered or concealed any information or thing required to be produced under subsection (4);
hinders, obstructs, prevents or interferes with a police officer in the exercise of the police officer’s powers; or
provides any information or makes a statement knowing that the information or statement is false or misleading,
commits an offence and is liable on summary conviction to a fine of ten thousand dollars or imprisonment for a term of one year or both; and in the case of a continuing breach, a service provider may be ordered by the court to pay a further sum of one hundred dollars for each day that such breach continues after the date of its proof.