Document ID: chunk:federal_register_of_legislation:C2025C00037:section:64b:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 64B (pt 1/4)
Character Range: 391299–393987

64B  Person with knowledge of a computer or a computer system to assist disruption of data etc.
 (1) A law enforcement officer of the Australian Federal Police or the Australian Crime Commission (or another person on the officer's behalf) may apply to an eligible Judge or to a nominated ART member for an order (the assistance order) requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the law enforcement officer to do one or more of the following:
 (a) disrupt data held in a computer that is the subject of:
 (i) a data disruption warrant; or
 (ii) an emergency authorisation given in response to an application under subsection 28(1C);
 (b) access data that is held in the computer described in paragraph (a);
 (c) copy data held in the computer described in paragraph (a) to a data storage device;
 (d) convert into documentary form or another form intelligible to a law enforcement officer:
 (i) data held in the computer described in paragraph (a); or
 (ii) data held in a data storage device to which the data was copied as described in paragraph (c).

Grant of assistance order
 (2) The eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:
 (a) in a case where the computer is the subject of a data disruption warrant—disruption of data held in the computer is:
 (i) likely to substantially assist in frustrating the commission of the offences that are covered by the warrant (within the meaning of section 27KE); and
 (ii) justifiable and proportionate, having regard to those offences; and
 (aa) in a case where the computer is the subject of a data disruption warrant—the assistance order is reasonable and necessary to enable the warrant to be executed; and
 (ab) in a case where the computer is the subject of a data disruption warrant—the assistance order is justifiable and proportionate, having regard to:
 (i) the nature and gravity of the conduct constituting the offences referred to in paragraph 27KA(1)(c); and
 (ii) the likely impact of compliance with the assistance order on the specified person, so far as that matter is known to the eligible Judge or nominated ART member; and
 (iii) the likely impact of compliance with the assistance order on other persons (including persons who may lawfully be using the computer), so far as that matter is known to the eligible Judge or nominated ART member; and
 (b) in a case where the computer is the subject of an emergency authorisation given in response to an application under subsection 28(1C):
 (i) there is an imminent risk of serious violence to a person or substantial