Document ID: chunk:federal_register_of_legislation:C2025C00037:section:27kc:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 27KC (pt 2/2)
Character Range: 159463–161900

public interest in issuing the warrant outweighs:
 (iii) the public interest in protecting the confidentiality of the 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
 (d) any previous warrant sought or issued under this Division in relation to the alleged relevant offences referred to in paragraph 27KA(1)(c).
 (3) For the purposes of having regard to the nature and gravity of the conduct constituting the offences referred to in paragraph 27KA(1)(c), the eligible Judge or a nominated ART 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.
 (4) Subsection (3) does not limit the matters that may be considered by the eligible Judge or nominated ART member.
 (5) To avoid doubt, this Act does not prevent a data disruption warrant from being issued in a case where the conduct constituting the offences referred to in paragraph 27KA(1)(c) is not covered by subsection (3).
 (6) 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 of, a document.