Document ID: chunk:federal_register_of_legislation:C2023C00229:section:15ca
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 15CA
Character Range: 61858–63386

15CA  Requests by foreign countries for surveillance devices
 (1) The Attorney‑General may, in his or her discretion, authorise an eligible law enforcement officer, in writing, to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if the Attorney‑General is satisfied that:
 (a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and
 (b) the requesting country requests the Attorney‑General to arrange for the use of a surveillance device; and
 (c) the requesting country has given appropriate undertakings in relation to:
 (i) ensuring that the information obtained as a result of the use of the surveillance device will only be used for the purpose for which it is communicated to the requesting country; and
 (ii) the destruction of a document or other thing containing information obtained as a result of the use of the surveillance device; and
 (iii) any other matter the Attorney‑General considers appropriate.
 (2) In this section:
eligible law enforcement officer means a person mentioned in column 3 of item 5 of the table in subsection 6A(6), or in column 3 of item 5 of the table in subsection 6A(7), of the Surveillance Devices Act 2004.

Part IIIBB—Assistance in relation to data held in computers