Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_43a:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 43A (pt 2/3)
Character Range: 259387–261941

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 limits of the territorial sea of Australia;
  to assist in that investigation;
the warrant is taken to permit that access if, and only if, the access has been agreed to by an appropriate consenting official of the foreign country.
 (4) Subsections (1), (2) and (3) do not apply to a computer access warrant authorising access to data if:
 (a) the person, or each of the persons, responsible for executing the warrant will be physically present in Australia; and
 (b) the location where the data is held is unknown or cannot reasonably be determined.
 (5) Despite subsections (1), (2) and (3), if:
 (a) a vessel that is registered under the law of a foreign country is in waters beyond the outer limits of the territorial sea of Australia but not beyond the outer limits of the contiguous zone of Australia; and
 (b) the relevant offence in respect of which it becomes apparent that access to data held in a computer on the vessel will be required is an offence relating to the customs, fiscal, immigration or sanitary laws of Australia;
there is no requirement for the agreement of an appropriate consenting official of the foreign country concerned in relation to that access while the vessel is in such waters.
 (6) Despite subsections (1), (2) and (3), if:
 (a) a vessel that is registered under the law of a foreign country is in waters beyond the outer limits of the territorial sea of Australia but not beyond the outer limits of the Australian fishing zone; and
 (b) the relevant offence in respect of which it becomes apparent that access to data held in a computer on the vessel will be required is an offence against section 100, 100A, 100B, 101, 101A or 101AA of the Fisheries Management Act 1991 or section 46A, 46B, 46C, 46D, 49A or 51A of the Torres Strait Fisheries Act 1984;
there is no requirement for the agreement of an appropriate consenting official of the foreign country concerned in relation to that access while the vessel is in those waters.
 (7) As soon as practicable after the commencement of access to data held in a computer under the authority of a computer access warrant in circumstances where consent to that access is required:
 (a) in a foreign country; or
 (b) on a vessel or aircraft that is registered under the law of a foreign country;
the chief officer of the law enforcement agency to which the law enforcement