Document ID: chunk:federal_register_of_legislation:C2025C00037:section:43a:p3
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 43A (pt 3/3)
Character Range: 264976–266241

to that access is required:
 (a) in a foreign country; or
 (b) on a vessel or aircraft that is registered under the law of a foreign country;
the chief officer of the law enforcement agency to which the law enforcement officer who applied for the warrant belongs or is seconded must give the Minister evidence in writing that the access has been agreed to by an appropriate consenting official of the foreign country.
 (8) An instrument providing evidence of the kind referred to in subsection (7) is not a legislative instrument.
 (9) If a vessel or aircraft that is registered under the laws of a foreign country is in or above the territorial sea of another foreign country, subsections (1), (2) and (3) have effect as if the reference to an appropriate consenting official of the foreign country were a reference to an appropriate consenting official of each foreign country concerned.
 (10) For the avoidance of doubt, there is no requirement for the agreement of an appropriate consenting official of the foreign country to the access to data held in a computer under the authority of a computer access warrant on a vessel or aircraft of a foreign country that is in Australia or in or above waters within the outer limits of the territorial sea of Australia.