Document ID: chunk:federal_register_of_legislation:C2025C00037:section:64a:p5
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 64A (pt 5/7)
Character Range: 386512–389128

contract for services by the owner or lessee of the computer; or
 (vi) a person who uses or has used the computer; or
 (vii) a person who is or was a system administrator for the system including the computer; and
 (c) the specified person has relevant knowledge of:
 (i) the computer or a computer network of which the computer forms or formed a part; or
 (ii) measures applied to protect data held in the computer.

Network activity warrant
 (6A) In the case of a computer that is the subject of a network activity warrant, the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:
 (a)  there are reasonable grounds for suspecting that access to data held in the computer will substantially assist in the collection of intelligence that:
 (i) relates to the group referred to in paragraph 27KK(1)(a) or to any of the individuals in the group; and
 (ii) is relevant to the prevention, detection or frustration of one or more kinds of relevant offences; and
 (b) the specified person is:
 (i) reasonably suspected of having committed any of the relevant offences in respect of which the warrant was issued; or
 (ii) the owner or lessee of the computer; or
 (iii) an employee of the owner or lessee of the computer; or
 (iv) a person engaged under a contract for services by the owner or lessee of the computer; or
 (v) a person who uses or has used the computer; or
 (vi) a person who is or was a system administrator for the system including the computer; and
 (c) the specified person has relevant knowledge of:
 (i) the computer or a computer network of which the computer forms or formed a part; or
 (ii) measures applied to protect data held in the computer.

Emergency authorisations relating to risk of loss of evidence
 (7) In the case of a computer that is the subject of an emergency authorisation given in response to an application under subsection 30(1A), the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:
 (a) there are reasonable grounds for suspecting that access to data held in the computer is necessary to prevent the loss of any evidence relevant to the investigation to which the subsection 30(1A) application relates; and
 (b) the specified person is:
 (i) reasonably suspected of having committed any of the offences to which the emergency authorisation relates; or
 (ii) the owner or lessee of the computer or device; or
 (iii) an employee of the owner or lessee of the computer or device; or
 (iv) a person engaged under