Document ID: chunk:federal_register_of_legislation:C2025C00037:section:64a:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 64A (pt 1/7)
Character Range: 376942–379599

64A  Person with knowledge of a computer or a computer system to assist access etc.
 (1) A law enforcement officer (or another person on the officer's behalf) may apply 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) access data held in a computer that is the subject of:
 (i) a computer access warrant; or
 (ia) a network activity warrant; or
 (ii) an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A);
 (b) copy data held in the computer described in paragraph (a) to a data storage device;
 (c) 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 (b).
 (1A) The application may be made to:
 (a) for an application made by a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or
 (b) otherwise—an eligible Judge or a nominated ART member.

Warrants and emergency authorisations relating to relevant offences
 (2) In the case of a computer that is the subject of:
 (a) a computer access warrant issued in relation to a relevant offence; or
 (b) an emergency authorisation given in response to an application under subsection 28(1A);
the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:
 (c) there are reasonable grounds for suspecting that access to data held in the computer is necessary in the course of the 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; and
 (d) the specified person is:
 (i) reasonably suspected of having committed any of the offences to which the warrant or emergency authorisation relates; or
 (ii) the owner or lessee of the computer or device; or
 (iii) an employee of the owner or lessee of the computer or device; or
 (iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
 (v) a person who uses or has used the computer or device; or
 (vi) a person who is or was a system administrator for the system including the computer or device; and
 (e) the specified person has relevant knowledge of:
 (i) the computer or device or a computer network of which the computer or device forms or formed a part; or
 (ii) measures applied to