Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_43a:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 43A (pt 1/3)
Character Range: 256953–259586

43A  Extraterritorial operation of computer access warrants
 (1) If, before the issue of a computer access warrant in relation to the investigation of a relevant offence in response to an application made by or on behalf of a federal law enforcement officer, it becomes apparent to the applicant that there will be a need for access to data held in a computer:
 (a) in a foreign country; or
 (b) on a vessel or aircraft that is registered under the law of a foreign country and is in or above waters beyond the outer limits of the territorial sea of Australia;
to assist in that investigation, the eligible Judge or nominated AAT member considering the application for the warrant must not permit the warrant to authorise that access unless the eligible Judge or nominated AAT member is satisfied that the access has been agreed to by an appropriate consenting official of the foreign country.
 (2) If:
 (a) application is made under section 33 by an appropriate authorising officer who is a federal law enforcement officer for approval of the giving of an emergency authorisation relating to the investigation of a relevant offence; and
 (b) the emergency authorisation was given in response to an application under subsection 28(1A); and
 (c) before the completion of consideration of that section 33 application, it becomes apparent to the applicant that there will be a need for access to data held in a computer:
 (i) in a foreign country; or
 (ii) on a vessel or aircraft that is registered under the law of a foreign country and is in or above waters beyond the outer limits of the territorial sea of Australia;
  to assist in the investigation to which the emergency authorisation related;
the eligible Judge or nominated AAT member to whom the section 33 application was made must not permit any computer access warrant issued on consideration of that section 33 application to authorise that access unless the eligible Judge or nominated AAT member is satisfied that the access has been agreed to by an appropriate consenting official of the foreign country.
 (3) If:
 (a) a computer access warrant has been issued in relation to the investigation of a relevant offence in response to an application by or on behalf of a federal law enforcement officer; and
 (b) after the issue of the warrant, it becomes apparent to the law enforcement officer primarily responsible for executing the warrant that there will be a need for access to data held in a computer that is:
 (i) in a foreign country; or
 (ii) on a vessel or aircraft that is registered under the law of a foreign country and is in or above waters beyond the outer