Document ID: chunk:federal_register_of_legislation:C2025C00037:section:27a:p4
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 27A (pt 4/5)
Character Range: 115841–118540

the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Unsworn applications—warrants sought for recovery orders
 (11) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred to in subsection (3) may assist as described in paragraph (3)(b); and
 (b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant under subsection (3) may be made before an affidavit is prepared or sworn.
 (12) If subsection (11) applies, the applicant must:
 (a) provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and
 (b) not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Unsworn applications—warrants sought for Part 5.3 supervisory orders
 (13) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred to in subsection (6) would be likely to substantially assist as described in paragraph (6)(b); and
 (b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant under subsection (6) may be made before an affidavit is prepared or sworn.

Unsworn applications—warrants sought for community safety supervision orders
 (13A) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred to in subsection (6A) would be likely to substantially assist as described in paragraph (6A)(b); and
 (b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant under subsection (6A) may be made before an affidavit is prepared or sworn.

Applicant must provide information
 (14) If subsection (13) or (13A) applies, the applicant must:
 (a) provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and
 (b) not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Target computer
 (15) The target computer referred to in subsection (1), (3), (4), (5), (5A), (5B), (6) or (6A) may be any one or more of the following:
 (a) a particular computer;
 (b) a computer on particular premises;
 (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).