Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_64a:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 64A (pt 1/4)
Character Range: 280497–283120

64A  Person with knowledge of a computer or a computer system to assist access etc.
 (1) A law enforcement officer (or another person on the officer's behalf) may apply to an eligible Judge or to a nominated AAT member for an order (the assistance order) requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the law enforcement officer to do one or more of the following:
 (a) access data held in a computer that is the subject of:
 (i) a computer access warrant; or
 (ii) an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A);
 (b) copy data held in the computer described in paragraph (a) to a data storage device;
 (c) convert into documentary form or another form intelligible to a law enforcement officer:
 (i) data held in the computer described in paragraph (a); or
 (ii) data held in a data storage device to which the data was copied as described in paragraph (b).

Warrants and emergency authorisations relating to relevant offences
 (2) In the case of a computer that is the subject of:
 (a) a computer access warrant issued in relation to a relevant offence; or
 (b) an emergency authorisation given in response to an application under subsection 28(1A);
the eligible Judge or nominated AAT member may grant the assistance order if the eligible Judge or nominated AAT member is satisfied that:
 (c) there are reasonable grounds for suspecting that access to data held in the computer is necessary in the course of the investigation for the purpose of enabling evidence to be obtained of:
 (i) the commission of those offences; or
 (ii) the identity or location of the offenders; and
 (d) the specified person is:
 (i) reasonably suspected of having committed any of the offences to which the warrant or 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 a contract for services by the owner or lessee of the computer or device; or
 (v) a person who uses or has used the computer or device; or
 (vi) a person who is or was a system administrator for the system including the computer or device; and
 (e) the specified person has relevant knowledge of:
 (i) the computer or device or a computer network of which the computer or device forms or formed a part; or
 (ii) measures applied to protect data held in the computer or device.

Warrants and emergency authorisations relating to recovery orders
 (3) In the case of a computer that is the subject of:
 (a) a