Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_32b
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 32B
Character Range: 312272–313965

32B  Authorising applications for computer access warrants
 (1) The Attorney‑General may authorise, in writing, an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if:
 (a) a Tribunal has requested the Attorney‑General to arrange for access to data held in a computer (the target computer); and
 (b) the Attorney‑General is satisfied that a proceeding is before, or an investigation is being conducted by, the Tribunal; and
 (c) the Attorney‑General is satisfied that the Tribunal has given appropriate undertakings for:
 (i) ensuring that data obtained as a result of the access under the warrant will only be used for the purpose for which it is communicated to the Tribunal; and
 (ii) the destruction of a document or other thing containing data obtained as a result of access under the warrant; and
 (iii) any other matter the Attorney‑General considers appropriate.
Note: The eligible law enforcement officer can only apply for the warrant if the officer reasonably suspects that the access to data held in the target computer is necessary for the investigation or proceeding (see subsection 27A(4) of the Surveillance Devices Act 2004).
 (2) In this section:
computer has the same meaning as in the Surveillance Devices Act 2004.
data has the same meaning as in the Surveillance Devices Act 2004.
data held in a computer has the same meaning as in the Surveillance Devices Act 2004.
eligible law enforcement officer means a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

Surveillance Devices Act 2004