Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:2_27km:p2
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 2 cl 27KM (pt 2/3)
Character Range: 85076–87792

identity of the journalist's source; and
 (iv) the public interest in facilitating the exchange of information between journalists and members of the public so as to facilitate reporting of matters in the public interest; and
 (g) any previous warrant sought or issued under this Division in relation to the group referred to in paragraph 27KK(1)(a).
 (2A) For the purposes of having regard to the nature and gravity of the conduct constituting the kinds of offences in relation to which information will be obtained under the warrant, the eligible Judge or nominated AAT member must give weight to the following matters:
 (a) whether that conduct amounts to:
 (i) an activity against the security of the Commonwealth; or
 (ii) an offence against Chapter 5 of the Criminal Code;
 (b) whether that conduct amounts to:
 (i) an activity against the proper administration of Government; or
 (ii) an offence against Chapter 7 of the Criminal Code;
 (c) whether that conduct:
 (i) causes, or has the potential to cause, serious violence, or serious harm, to a person; or
 (ii) amounts to an offence against Chapter 8 of the Criminal Code;
 (d) whether that conduct:
 (i) causes, or has the potential to cause, a danger to the community; or
 (ii) amounts to an offence against Chapter 9 of the Criminal Code;
 (e) whether that conduct:
 (i) causes, or has the potential to cause, substantial damage to, or loss of, data, property or critical infrastructure; or
 (ii) amounts to an offence against Chapter 10 of the Criminal Code;
 (f) whether that conduct involves, or is related to, the commission of:
 (i) transnational crime; or
 (ii) serious crime; or
 (iii) organised crime;
  that is not covered by any of the preceding paragraphs.
 (2B) Subsection (2A) does not limit the matters that may be considered by the eligible Judge or nominated AAT member.
 (2C) To avoid doubt, this Act does not prevent a network activity warrant from being issued in a case where the conduct constituting the kinds of offences in relation to which information will be obtained under the warrant is not covered by subsection (2A).
 (3) If a network activity warrant is issued in response to an application made by the chief officer of the Australian Federal Police or the Australian Crime Commission, the chief officer must:
 (a) notify the issue of the warrant to the Inspector‑General of Intelligence and Security; and
 (b) do so within 7 days after the issue of the warrant.
 (4) For the purposes of this section, secrecy provision means a provision of a law of the Commonwealth or of a State that prohibits:
 (a) the communication, divulging or publication of information; or
 (b) the production of, or the publication of the contents