Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:1_43c:p2
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 1 cl 43C (pt 2/3)
Character Range: 46449–49084

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, and disruption of, data if:
 (a) the person, or each of the persons, responsible for executing the warrant will be physically present in Australia; and
 (b) the location where the data is held is unknown or cannot reasonably be determined.
 (5) Despite subsections (1), (2) and (3), if:
 (a) a vessel that is registered under the law of a foreign country is in waters beyond the outer limits of the territorial sea of Australia but not beyond the outer limits of the contiguous zone of Australia; and
 (b) the relevant offences in respect of which it becomes apparent that access to, and disruption of, data held in a computer on the vessel will be required are offences relating to the customs, fiscal, immigration or sanitary laws of Australia;
there is no requirement for the agreement of an appropriate consenting official of the foreign country concerned in relation to that access or disruption while the vessel is in such waters.
 (6) Despite subsections (1), (2) and (3), if:
 (a) a vessel that is registered under the law of a foreign country is in waters beyond the outer limits of the territorial sea of Australia but not beyond the outer limits of the Australian fishing zone; and
 (b) the relevant offences in respect of which it becomes apparent that access to, and disruption of, data held in a computer on the vessel will be required are offences against section 100, 100A, 100B, 101, 101A or 101AA of the Fisheries Management Act 1991 or section 46A, 46B, 46C, 46D, 49A or 51A of the Torres Strait Fisheries Act 1984;
there is no requirement for the agreement of an appropriate consenting official of the foreign country concerned in relation to that access or disruption while the vessel is in those waters.
 (7) As soon as practicable after the commencement of access to, and disruption of, data held in a computer under the authority of a data disruption warrant in circumstances where consent to that access or disruption is required:
 (a) in a foreign country; or
 (b) on a vessel or aircraft that is registered under the law of a foreign country;
the chief officer of the law enforcement agency to which the law enforcement officer who applied for the warrant belongs or is seconded must give the Minister evidence in writing that the access and disruption has been agreed to by an appropriate consenting official of the foreign country.
 (8) An instrument providing evidence