Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_50
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 50
Character Range: 242051–243071

50  After subsection 28(1)
Insert:
 (1A) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to data held in a computer (the target computer) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that:
 (a) an imminent risk of serious violence to a person or substantial damage to property exists; and
 (b) access to data held in the target computer is immediately necessary for the purpose of dealing with that risk; and
 (c) the circumstances are so serious and the matter is of such urgency that access to data held in the target computer is warranted; and
 (d) it is not practicable in the circumstances to apply for a computer access warrant.
 (1B) The target computer may be any one or more of the following:
 (a) a particular computer;
 (b) a computer on particular premises;
 (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).