Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_82
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 82
Character Range: 146873–148706

82  After subsection 64A(6)
Insert:

Part 9.10 warrants
 (6AA) In the case of a computer that is subject to a Part 9.10 warrant that is a computer access warrant, the eligible Judge or nominated AAT member may grant the assistance order if the eligible Judge or nominated AAT member is satisfied that:
 (a) there are reasonable grounds for suspecting that access to the data held in the computer would be likely to substantially assist in:
 (i) if the computer access warrant was issued to determine whether to apply for a Part 9.10 order—determining whether to apply for the Part 9.10 order; or
 (ii) if the computer access warrant was issued on the basis of a community safety supervision order that is in force—achieving a Part 9.10 object, or determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
 (b) the specified person is:
 (i) if the warrant was issued to determine whether to apply for a Part 9.10 order—the person to whom the application relates; or
 (ii) if the warrant was issued in relation to a community safety supervision order that is in force—the subject of the community safety supervision order; or
 (iii) the owner or lessee of the computer; or
 (iv) an employee of the owner or lessee of the computer; or
 (v) a person engaged under a contract for services by the owner or lessee of the computer; or
 (vi) a person who uses or has used the computer; or
 (vii) a person who is or was a system administrator for the system including the computer; and
 (c) the specified person has relevant knowledge of:
 (i) the computer or a computer network of which the computer forms or formed a part; or
 (ii) measures applied to protect data held in the computer.

Telecommunications (Interception and Access) Act 1979