Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27d:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27D (pt 1/2)
Character Range: 222152–224737

27D  What must a computer access warrant contain?
 (1) A computer access warrant must:
 (a) state that the eligible Judge or nominated AAT member issuing the warrant is satisfied of the matters referred to in subsection 27C(1) and has had regard to the matters referred to in subsection 27C(2); and
 (b) specify:
 (i) the name of the applicant; and
 (ii) if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and
 (iii) if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and
 (iv) if the warrant relates to a mutual assistance authorisation—the offence or offences against the law of a foreign country to which the authorisation relates; and
 (v) if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and
 (vi) the date the warrant is issued; and
 (vii) if the target computer is or includes a particular computer—the computer; and
 (viii) if the target computer is or includes a computer on particular premises—the premises; and
 (ix) if the target computer is or includes a computer associated with, used by or likely to be used by, a person—the person (whether by name or otherwise); and
 (x) the period during which the warrant is in force (see subsection (3)); and
 (xi) the name of the law enforcement officer primarily responsible for executing the warrant; and
 (xii) any conditions subject to which things may be done under the warrant.
 (2) If a control order access warrant is issued on the basis of a control order that is in force in relation to a person, the warrant must also specify the following details in relation to the control order:
 (a) the name of the person;
 (b) the date the control order was made;
 (c) whether the control order is an interim control order or a confirmed control order.
 (3) A warrant may only be issued:
 (a) for a period of no more than 90 days; or
 (b) if the warrant is issued for the purposes of an integrity operation—for a period of no more than 21 days.
Note: The access to data held in the target computer pursuant to a warrant may be discontinued earlier—see section 27H.
 (4) In the case of a warrant authorising the access to data held in the target computer on premises that are vehicles, the warrant need only specify the class of vehicle in relation to which the access to data held in the target computer is authorised.
 (5) A warrant must