Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27a:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27A (pt 2/3)
Character Range: 211436–214151

has been, is being or is likely to be committed by a staff member of a target agency; and
 (b) the federal law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) will assist the conduct of the integrity operation by enabling evidence to be obtained relating to the integrity, location or identity of any staff member of the target agency.

Control order access warrants
 (6) A law enforcement officer (or another person on the law enforcement officer's behalf) may apply for the issue of a computer access warrant if:
 (a) a control order is in force in relation to a person; and
 (b) the law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) to obtain information relating to the person would be likely to substantially assist in:
 (i) protecting the public from a terrorist act; or
 (ii) preventing the provision of support for, or the facilitation of, a terrorist act; or
 (iii) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or
 (iv) determining whether the control order, or any succeeding control order, has been, or is being, complied with.
Note: For control orders that have been made but not come into force, see section 6C.

Procedure for making applications
 (7) An application under subsection (1), (3), (4), (5) or (6) may be made to an eligible Judge or to a nominated AAT member.
 (8) An application:
 (a) must specify:
 (i) the name of the applicant; and
 (ii) the nature and duration of the warrant sought; and
 (b) subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

Unsworn applications—warrants sought for offence investigations
 (9) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred to in subsection (1) is necessary as described in paragraph (1)(c); 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 (1) may be made before an affidavit is prepared or sworn.
 (10) If subsection (9) applies, the applicant must:
 (a) provide as much information as the eligible Judge or nominated AAT 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 AAT 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