Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:2_31a
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 2 cl 31A
Character Range: 126265–127619

31A  After subsection 64A(7)
Insert:
 (7A) In determining whether the assistance order should be granted, the eligible Judge or nominated AAT member must have regard to whether the specified person is, or has been, subject to:
 (a) another order under this section; or
 (b) an order under section 64B of this Act; or
 (c) an order under section 3LA or 3ZZVG of the Crimes Act 1914;
so far as that matter is known to the eligible Judge or nominated AAT member.
 (7B) Subsection (7A) does not limit the matters to which the eligible Judge or nominated AAT member may have regard.

Duration of assistance order
 (7C) If an assistance order is granted in relation to a computer that is the subject of a computer access warrant or a network activity warrant, the order ceases to be in force when the warrant ceases to be in force.
 (7D) If an assistance order is granted in relation to a computer that is the subject of an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A), the order ceases to be in force when the emergency authorisation ceases to be in force.

Protection from civil liability
 (7E) A person is not subject to any civil liability in respect of an act done by the person:
 (a) in compliance with an assistance order; or
 (b) in good faith in purported compliance with an assistance order.