Document ID: chunk:federal_register_of_legislation:C2025C00037:section:27a:p3
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 27A (pt 3/5)
Character Range: 113353–116101

order is in force in relation to a person; and
 (b) the officer suspects on reasonable grounds that access to data held in a computer (the target computer) to obtain information relating to the person would be likely to substantially assist in:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.
Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6C.

Warrants sought for community safety supervision orders
 (6A) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a computer access warrant if:
 (a) a community safety supervision order is in force in relation to a person; and
 (b) the officer suspects on reasonable grounds that access to data held in a computer (the target computer) to obtain information relating to the person would be likely to substantially assist in:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.
Note: For community safety supervision orders that have been made but not come into force, see section 6E.

Procedure for making applications
 (7) An application under subsection (1), (3), (4), (5), (5A), (5B), (6) or (6A) may be made to an eligible Judge or to a nominated ART member.
 (8) An application:
 (a) must specify:
 (i) the name of the applicant; and
 (ii) the nature and duration of the warrant sought; and
 (b) subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

Unsworn applications—warrants sought for offence investigations
 (9) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred to in subsection (1) is necessary as described in paragraph (1)(c); and
 (b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant under subsection (1) may be made before an affidavit is prepared or sworn.
 (10) If subsection (9) applies, the applicant must:
 (a) provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and
 (b) not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Unsworn applications—warrants sought for recovery orders
 (11) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred