Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:5_34aaa:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 5 cl 34AAA (pt 2/3)
Character Range: 357371–360100

under section 27A; or
 (iv) has been removed from premises under a warrant under section 27A;
  the Attorney‑General is satisfied, on reasonable grounds, that:
 (v) access by the Organisation to data held in, or accessible from, the computer or data storage device will be for the purpose of obtaining foreign intelligence relating to a matter specified in the relevant notice under subsection 27A(1); and
 (vi) on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, the collection of foreign intelligence relating to that matter is in the interests of Australia's national security, Australia's foreign relations or Australia's national economic well‑being; and
 (b) in a case where paragraph (a) does not apply—the Attorney‑General is satisfied that there are reasonable grounds for suspecting that access by the Organisation to data held in, or accessible from, the computer or data storage device will substantially assist the collection of intelligence in accordance with this Act in respect of a matter that is important in relation to security; and
 (c) the Attorney‑General is satisfied, on reasonable grounds, that the specified person is:
 (i) reasonably suspected of being involved in activities that are prejudicial to security; 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
 (d) the Attorney‑General is satisfied, on reasonable grounds, that 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, or accessible from, the computer or device.
 (3) If the computer or data storage device is not on premises in relation to which a warrant is in force, the order must:
 (a) specify the period within which the person must provide the information or assistance; and
 (b) specify the place at which the person must provide the information or assistance; and
 (c) specify the conditions (if any) determined by the Attorney‑General as the conditions to which the requirement on the person to provide the information or assistance is subject.
 (3A) A request under subsection (1) may be made:
 (a) orally; or
 (b) in writing.
 (3B) If a request under subsection (1) is made orally, the Director‑General must:
 (a) make a written record of the request; and
 (b) do so within 48 hours