Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27c:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27C (pt 1/3)
Character Range: 216574–219216

27C  Determining the application
 (1) An eligible Judge or a nominated AAT member may issue a computer access warrant if satisfied:
 (a) in the case of a warrant sought in relation to a relevant offence—that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (b) in the case of a warrant sought in relation to a recovery order—that such an order is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (c) in the case of a warrant sought in relation to a mutual assistance authorisation—that such an authorisation is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (d) in the case of a warrant sought for the purposes of an integrity operation—that the integrity authority for the operation is in effect, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 27A(5)(a) and (b)); and
 (e) in the case of a control order access warrant—that a control order is in force in relation to a person, and that access to data held in the relevant target computer to obtain information relating to the person would be likely to substantially assist in:
 (i) protecting the public from a terrorist act; or
 (ii) preventing the provision of support for, or the facilitation of, a terrorist act; or
 (iii) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or
 (iv) determining whether the control order, or any succeeding control order, has been, or is being, complied with; and
 (f) in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and
 (g) in the case of a remote application—that it would have been impracticable for the application to have been made in person.
Note: For control orders that have been made but not come into force, see section 6C.
 (2) In determining whether a computer access warrant should be issued, the eligible Judge or nominated AAT member must have regard to:
 (a) in the case of a warrant sought in relation to a relevant offence or a mutual assistance authorisation, or for the purposes of an integrity operation—the nature and gravity of the alleged offence; and
 (b) in the case of a warrant sought to assist in the location and safe recovery of a child to whom a recovery order relates—the circumstances that gave rise to the making of the order; and
 (c) the extent to which the privacy of any person is