Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:1_27kc:p1
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 1 cl 27KC (pt 1/2)
Character Range: 15549–18270

27KC  Determining the application
 (1) An eligible Judge or a nominated AAT member may issue a data disruption warrant if satisfied:
 (a) that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (b) the disruption of data authorised by the warrant is reasonably necessary and proportionate, having regard to the offences referred to in paragraph 27KA(1)(c); and
 (c) in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and
 (d) in the case of a remote application—that it would have been impracticable for the application to have been made in person.
 (2) In determining whether a data disruption warrant should be issued, the eligible Judge or nominated AAT member must have regard to:
 (a) the nature and gravity of the conduct constituting the offences referred to in paragraph 27KA(1)(c); and
 (b) the likelihood that the disruption of data authorised by the warrant will frustrate the commission of the offences referred to in paragraph 27KA(1)(c); and
 (c) the existence of any alternative means of frustrating the commission of the offences referred to in paragraph 27KA(1)(c); and
 (ca) the nature of the things proposed to be authorised by the warrant in accordance with section 27KE; and
 (cb) the extent to which the execution of the warrant is likely to result in access to, or disruption of, data of persons lawfully using a computer, and any privacy implications (to the extent known) resulting from that access or disruption; and
 (cc) any steps that are proposed to be taken to avoid or minimise the extent to which the execution of the warrant is likely to impact on persons lawfully using a computer; and
 (cd) the extent to which the execution of the warrant is likely to cause a person to suffer a temporary loss of:
 (i) money; or
 (ii) digital currency; or
 (iii) property (other than data);
  so far as that matter is known to the eligible Judge or nominated AAT member; and
 (ce) if:
 (i) the eligible Judge or nominated AAT member believes on reasonable grounds that the data covered by the warrant (within the meaning of section 27KE) is data of a person who is working in a professional capacity as a journalist or of an employer of such a person; and
 (ii) each of the offences referred to in paragraph 27KA(1)(c) is an offence against a secrecy provision;
   whether the public interest in issuing the warrant outweighs:
 (iii) the public interest in protecting the confidentiality of the identity of the journalist's source; and
 (iv) the public interest in facilitating the exchange of information between journalists and members of the public