Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_240
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 240
Character Range: 159690–161398

240  Subsection 27A(6)
Repeal the subsection, substitute:

Warrants sought for post‑sentence order applications
 (5A) 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 person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and
 (b) the person is detained in custody in a prison; and
 (c) the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious Part 5.3 offence; and
 (d) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the person; and
 (e) the officer suspects on reasonable grounds that access to data held in a computer (the target computer) would be likely to assist in determining whether to apply for the post‑sentence order.

Warrants sought for Part 5.3 supervisory orders
 (6) 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 Part 5.3 supervisory 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.