Document ID: chunk:federal_register_of_legislation:C2025C00037:section:28:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 28 (pt 2/3)
Character Range: 203822–206363

that risk; and
 (ii) are likely to be as effective as disruption of data held in the target computer; and
 (c) the circumstances are so serious and the matter is of such urgency that disruption of data held in the target computer is warranted; and
 (d) it is not practicable in the circumstances to apply for a data disruption warrant.
 (1D) The target computer mentioned in subsection (1C) 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).
 (2) If the application mentioned in subsection (1) or (1A) is being made by or on behalf of a State or Territory law enforcement officer, the reference in that subsection to a relevant offence does not include a reference to a State offence that has a federal aspect.
 (3) The application mentioned in subsection (1), (1A) or (1C) may be made orally, in writing or by telephone, fax, email or any other means of communication.
 (4) The appropriate authorising officer may give the emergency authorisation if satisfied that there are reasonable grounds for the suspicion founding the application mentioned in subsection (1), (1A) or (1C).
 (4A) In deciding whether to give an emergency authorisation for disruption of data held in a computer, the appropriate authorising officer must have regard to:
 (a) the extent to which the execution of the emergency authorisation is likely to result in access to, or disruption of, data of persons lawfully using a computer; and
 (b) whether the likely impact of the execution of the emergency authorisation on persons lawfully using a computer is proportionate, having regard to the risk of serious violence or substantial damage referred to in paragraph (1C)(a).
 (4B) Subsection (4A) does not limit the matters to which the appropriate authorising officer may have regard.

Statutory conditions—disruption of data held in a computer
 (5) An emergency authorisation for disruption of data held in a computer is subject to the following conditions:
 (a) the authorisation must not be executed in a manner that results in damage to data unless the damage is reasonably necessary and proportionate, having regard to the risk of serious violence or substantial damage referred to in paragraph (1C)(a);
 (b) the authorisation must not be executed in a manner that causes a person to suffer a permanent loss of:
 (i) money; or
 (ii) digital currency; or
 (iii) property (other than data).