Document ID: chunk:federal_register_of_legislation:C2025C00037:section:43c:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 43C (pt 1/3)
Character Range: 266767–269396

43C  Extraterritorial operation of data disruption warrants
 (1) If, before the issue of a data disruption warrant, it becomes apparent to the applicant for the warrant that there will be a need for access to, and disruption of, data held in a computer:
 (a) in a foreign country; or
 (b) on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limits of the territorial sea of Australia;
the eligible Judge or nominated ART member considering the application for the warrant must not permit the warrant to authorise that access and disruption unless the eligible Judge or nominated ART member is satisfied that the access and disruption has been agreed to by an appropriate consenting official of the foreign country.
 (2) If:
 (a) an application is made under section 33 by an appropriate authorising officer for approval of the giving of an emergency authorisation; and
 (b) the emergency authorisation was given in response to an application under subsection 28(1C); and
 (c) before the completion of consideration of that section 33 application, it becomes apparent to the applicant that there will be a need for access to, and disruption of, data held in a computer:
 (i) in a foreign country; or
 (ii) on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limits of the territorial sea of Australia;
the eligible Judge or nominated ART member to whom the section 33 application was made must not permit any data disruption warrant issued on consideration of that section 33 application to authorise that access and disruption unless the eligible Judge or nominated ART member is satisfied that the access and disruption has been agreed to by an appropriate consenting official of the foreign country.
 (3) If:
 (a) a data disruption warrant has been issued; and
 (b) after the issue of the warrant, it becomes apparent to the law enforcement officer primarily responsible for executing the warrant that there will be a need for access to, and disruption of, data held in a computer that is:
 (i) in a foreign country; or
 (ii) on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limits of the territorial sea of Australia;
the warrant is taken to permit that access and disruption if, and only if, the access and or disruption has been agreed to by an appropriate consenting official of the foreign country.
 (4) Subsections (1), (2) and (3) do not apply to a data disruption warrant authorising access to,