Document ID: chunk:federal_register_of_legislation:C2025C00037:section:30:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 30 (pt 2/2)
Character Range: 210443–212023

(the target computer) is immediately necessary to prevent the loss of any evidence relevant to that investigation; and
 (ii) the circumstances are so serious and the matter is of such urgency that access to data held in the target computer is warranted; and
 (iii) it is not practicable in the circumstances to apply for a computer access warrant;
the law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to data held in the target computer.
 (1B) The target computer may be any one or more of the following:
 (a) a particular computer;
 (b) a computer on particular premises;
 (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
 (2) The application mentioned in subsection (1) or (1A) may be made orally, in writing or by telephone, fax, email or any other means of communication.
 (3) In the case of an application mentioned in subsection (1), the appropriate authorising officer may give the emergency authorisation if satisfied that:
 (a) an investigation is being conducted into an offence referred to in paragraph (1)(a); and
 (b) there are reasonable grounds for the suspicion referred to in paragraph (1)(b).
 (4) In the case of an application mentioned in subsection (1A), the appropriate authorising officer may give the emergency authorisation if satisfied that:
 (a) an investigation is being conducted into an offence referred to in paragraph (1A)(a); and
 (b) there are reasonable grounds for the suspicion referred to in paragraph (1A)(b).