Document ID: chunk:federal_register_of_legislation:C2025C00037:section:43e:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 43E (pt 1/2)
Character Range: 273209–275786

43E  Extraterritorial operation of network activity warrants
 (1) If, before the issue of a network activity warrant, it becomes apparent to the applicant that there will be a need for access to 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 unless the eligible Judge or nominated ART member is satisfied that the access has been agreed to by an appropriate consenting official of the foreign country.
 (2) If:
 (a) a network activity 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 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 if, and only if, the access has been agreed to by an appropriate consenting official of the foreign country.
 (3) Subsections (1) and (2) do not apply to a network activity warrant authorising access to 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.
 (4) Despite subsections (1) and (2), 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 offence in respect of which it becomes apparent that access to data held in a computer on the vessel will be required is an offence 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 while the vessel is in such waters.
 (5) Despite subsections (1) and (2), 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