Document ID: chunk:federal_register_of_legislation:C2025C00037:section:64b:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 64B (pt 2/4)
Character Range: 393754–396486

ART member; and
 (b) in a case where the computer is the subject of an emergency authorisation given in response to an application under subsection 28(1C):
 (i) there is an imminent risk of serious violence to a person or substantial damage to property; and
 (ii) disruption of data held in the computer is immediately necessary for the purpose of dealing with the risk; and
 (ba) in a case where the computer is the subject of an emergency authorisation given in response to an application under subsection 28(1C)—the assistance order is reasonable and necessary to enable the emergency authorisation to be executed; and
 (bb) in a case where the computer is the subject of an emergency authorisation given in response to an application under subsection 28(1C)—the assistance order is justifiable and proportionate, having regard to:
 (i) the risk of serious violence or substantial damage referred to in paragraph 28(1C)(a); and
 (ii) the likely impact of compliance with the assistance order on the specified person, so far as that matter is known to the eligible Judge or nominated ART member; and
 (iii) the likely impact of compliance with the assistance order on other persons (including persons who may lawfully be using the computer), so far as that matter is known to the eligible Judge or nominated ART member; and
 (c) in a case where:
 (i) the computer is the subject of a data disruption warrant; and
 (ii) the assistance order requires the specified person to provide information or assistance to allow the law enforcement officer to do a thing referred to in paragraph (1)(b), (c) or (d) in relation to data;
  doing the thing is for the purpose of determining whether the data is covered by the warrant (within the meaning of section 27KE); and
 (d) in a case where:
 (i) the computer is the subject of an emergency authorisation given in response to an application under subsection 28(1C); and
 (ii) the assistance order requires the specified person to provide information or assistance to allow the law enforcement officer to do a thing referred to in paragraph (1)(b), (c) or (d) in relation to data;
  doing the thing is for the purpose of determining whether disruption of the data is immediately necessary for the purpose of dealing with an imminent risk of serious violence to a person or substantial damage to property; and
 (e) the specified person is:
 (i) in a case where the computer is the subject of a data disruption warrant—reasonably suspected of having committed any of the relevant offences referred to in paragraph 27KA(1)(c); or
 (ii) in a case where the computer is the subject of emergency authorisation—reasonably suspected of having committed the relevant offence referred to in subsection