Document ID: chunk:federal_register_of_legislation:C2025C00037:section:64a:p6
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 64A (pt 6/7)
Character Range: 388907–391297

of the offences to which the emergency authorisation relates; or
 (ii) the owner or lessee of the computer or device; or
 (iii) an employee of the owner or lessee of the computer or device; or
 (iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
 (v) a person who uses or has used the computer or device; or
 (vi) a person who is or was a system administrator for the system including the computer or device; and
 (c) the specified person has relevant knowledge of:
 (i) the computer or device or a computer network of which the computer or device forms or formed a part; or
 (ii) measures applied to protect data held in the computer or device.
 (7A) In determining whether the assistance order should be granted, the eligible Judge or nominated ART member must have regard to whether the specified person is, or has been, subject to:
 (a) another order under this section; or
 (b) an order under section 64B of this Act; or
 (c) an order under section 3LA or 3ZZVG of the Crimes Act 1914;
so far as that matter is known to the eligible Judge or nominated ART member.
 (7B) Subsection (7A) does not limit the matters to which the eligible Judge or nominated ART member may have regard.

Duration of assistance order
 (7C) If an assistance order is granted in relation to a computer that is the subject of a computer access warrant or a network activity warrant, the order ceases to be in force when the warrant ceases to be in force.
 (7D) If an assistance order is granted in relation to a computer that is the subject of an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A), the order ceases to be in force when the emergency authorisation ceases to be in force.

Protection from civil liability
 (7E) A person is not subject to any civil liability in respect of an act done by the person:
 (a) in compliance with an assistance order; or
 (b) in good faith in purported compliance with an assistance order.

Offence
 (8) A person commits an offence if:
 (a) the person is subject to an order under this section; and
 (b) the person is capable of complying with a requirement in the order; and
 (c) the person omits to do an act; and
 (d) the omission contravenes the requirement.
Penalty for contravention of this subsection: Imprisonment for 10 years or 600 penalty units, or both.