Document ID: chunk:federal_register_of_legislation:C2025C00037:section:27kd
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 27KD
Character Range: 161902–163940

27KD  What must a data disruption warrant contain?
 (1) A data disruption warrant must:
 (a) state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 27KC(1) and has had regard to the matters referred to in subsection 27KC(2); and
 (b) specify:
 (i) the name of the applicant; and
 (ii) the alleged relevant offences referred to in paragraph 27KA(1)(c); and
 (iii) the date the warrant is issued; and
 (iv) if the target computer is or includes a particular computer—the computer; and
 (v) if the target computer is or includes a computer on particular premises—the premises; and
 (vi) if the target computer is or includes a computer associated with, used by or likely to be used by, a known person—the person (whether by name or otherwise); and
 (vii) the period during which the warrant is in force (see subsection (2)); and
 (viii) the name of the law enforcement officer primarily responsible for executing the warrant; and
 (ix) any conditions subject to which things may be done under the warrant.
 (2) A warrant may only be issued for a period of no more than 90 days.
Note: The access to, or disruption of, data held in the target computer pursuant to a warrant may be discontinued earlier—see section 27KH.
 (3) In the case of a warrant authorising access to, or disruption of, data held in the target computer on premises that are vehicles, the warrant need only specify the class of vehicle in relation to which the access to, and disruption of, data held in the target computer is authorised.
 (4) A warrant must be signed by the person issuing it and include the person's name.
 (5) As soon as practicable after completing and signing a warrant issued on a remote application, the person issuing it must:
 (a) inform the applicant of:
 (i) the terms of the warrant; and
 (ii) the date on which, and the time at which, the warrant was issued; and
 (b) give the warrant to the applicant while retaining a copy of the warrant for the person's own record.