Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_64a:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 64A (pt 2/4)
Character Range: 282894–285518

forms or formed a part; or
 (ii) measures applied to protect data held in the computer or device.

Warrants and emergency authorisations relating to recovery orders
 (3) In the case of a computer that is the subject of:
 (a) a computer access warrant issued in relation to a recovery order; or
 (b) an emergency authorisation given in response to an application under subsection 29(1A);
the eligible Judge or nominated AAT member may grant the assistance order if the eligible Judge or nominated AAT member is satisfied that:
 (c) there are reasonable grounds for suspecting that access to data held in the computer may assist in the location and safe recovery of the child to whom the recovery order relates; and
 (d) the specified person is:
 (i) the owner or lessee of the computer or
 (ii) an employee of the owner or lessee of the computer; or
 (iii) a person engaged under a contract for services by the owner or lessee of the computer; or
 (iv) a person who uses or has used the computer; or
 (v) a person who is or was a system administrator for the system including the computer; and
 (e) the specified person has relevant knowledge of:
 (i) the computer or a computer network of which the computer forms or formed a part; or
 (ii) measures applied to protect data held in the computer.

Warrants relating to mutual assistance authorisations
 (4) In the case of a computer that is the subject of a computer access warrant issued in relation to a mutual assistance authorisation, the eligible Judge or nominated AAT member may grant the assistance order if the eligible Judge or nominated AAT member is satisfied that:
 (a) there are reasonable grounds for suspecting that access to data held in the computer is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:
 (i) the commission of the offence to which the authorisation relates; or
 (ii) the identity or location of the persons suspected of committing the offence; and
 (b) the specified person is:
 (i) reasonably suspected of committing the offence to which the authorisation relates; or
 (ii) the owner or lessee of the computer; or
 (iii) an employee of the owner or lessee of the computer; or
 (iv) a person engaged under a contract for services by the owner or lessee of the computer; or
 (v) a person who uses or has used the computer; or
 (vi) a person who is or was a system administrator for the system including the computer; and
 (c) the specified person has relevant knowledge of:
 (i) the computer or a computer network of which the