Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27a:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27A (pt 1/3)
Character Range: 208940–211658

27A  Application for computer access warrant

Warrants sought for offence investigations
 (1) 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 the law enforcement officer suspects on reasonable grounds that:
 (a) one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and
 (b) an investigation into those offences is being, will be, or is likely to be, conducted; and
 (c) access to data held in a computer (the target computer) is necessary, in the course of that investigation, for the purpose of enabling evidence to be obtained of:
 (i) the commission of those offences; or
 (ii) the identity or location of the offenders.
 (2) If the application is being made by or on behalf of a State or Territory law enforcement officer, the reference in subsection (1) to a relevant offence does not include a reference to a State offence that has a federal aspect.

Warrants sought for recovery orders
 (3) 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 recovery order is in force; and
 (b) the law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) may assist in the location and safe recovery of the child to whom the recovery order relates.

Warrants sought for mutual assistance investigations
 (4) 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 the law enforcement officer:
 (a) is authorised to do so under a mutual assistance authorisation; and
 (b) suspects on reasonable grounds that access to data held in a computer (the target computer) is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:
 (i) the commission of the offence to which the authorisation relates; or
 (ii) the identity or location of the persons suspected of committing the offence.

Warrants sought for integrity operations
 (5) A federal law enforcement officer (or another person on the federal law enforcement officer's behalf) may apply for the issue of a computer access warrant if:
 (a) an integrity authority is in effect authorising an integrity operation in relation to an offence that it is suspected 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)