Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:1_64b:p3
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 1 cl 64B (pt 3/4)
Character Range: 64563–67055

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 28(1C); or
 (iii) the owner or lessee of the computer; or
 (iv) an employee of the owner or lessee of the computer; or
 (v) a person engaged under a 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
 (f) 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.
 (2A) 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 64A 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.
 (2B) Subsection (2A) does not limit the matters to which the eligible Judge or nominated AAT member may have regard.

Duration of assistance order
 (2C) If an assistance order is granted in relation to a computer that is the subject of a data disruption warrant, the order ceases to be in force when the warrant ceases to be in force.
 (2D) 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(1C), the order ceases to be in force when the emergency authorisation ceases to be in force.

Protection from civil liability
 (2E) 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.

Offence
 (3) A person commits an offence if:
 (a) the person is subject to an order under this section; and
 (b) the person is capable of complying with a requirement in the order; and
 (c) the person omits to do an act; and
 (d) the omission contravenes the requirement.
Penalty for contravention of this subsection: Imprisonment for 10 years or 600 penalty units, or both.