Document ID: chunk:federal_register_of_legislation:C2025C00037:section:44:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 44 (pt 2/2)
Character Range: 280424–281893

whose agreement is required under section 43A; or
 (v) in a case where the information was obtained, purportedly under a data disruption warrant or an emergency authorisation for disruption of data held in a computer, through access to, or disruption of, data held in a computer in a foreign country, or on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limit of Australia's territorial sea—without the agreement of the appropriate consenting official of that foreign country, and of any other foreign country, whose agreement is required under section 43C;
  in contravention of the requirement for a warrant (other than a network activity warrant), tracking device authorisation or emergency authorisation.
Note 1: For protection of general computer access intercept information, see Part 2‑6 of the Telecommunications (Interception and Access) Act 1979.
Note 2: For protection of data disruption intercept information, see Part 2‑6 of the Telecommunications (Interception and Access) Act 1979.
 (2) For the avoidance of doubt, information obtained under an emergency authorisation falls under paragraph (a) and not paragraph (d) of the definition of protected information unless:
 (a) an eligible Judge or nominated ART member refuses to approve the giving of the emergency authorisation; or
 (b) contrary to the requirement of section 33, no application for such an approval has been made.