Document ID: chunk:federal_register_of_legislation:C2025C00037:section:35a:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 35A (pt 1/2)
Character Range: 226867–229604

35A  Judge or nominated ART member may approve giving of an emergency authorisation for access to data held in a computer
 (1) After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 28(1A), the eligible Judge or nominated ART member may give the approval if satisfied that there were reasonable grounds to suspect that:
 (a) there was a risk of serious violence to a person or substantial damage to property; and
 (b) accessing data held in the target computer mentioned in that subsection may have helped reduce the risk; and
 (c) it was not practicable in the circumstances to apply for a computer access warrant.
 (2) After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 29(1A) in relation to a recovery order, the eligible Judge or nominated ART member may give the approval if satisfied that:
 (a) the recovery order was in force at the time the emergency authorisation was given; and
 (b) there were reasonable grounds to suspect that:
 (i) the enforcement of the recovery order was urgent; and
 (ii) accessing data held in the target computer mentioned in that subsection may have assisted in the prompt location and safe recovery of the child to whom the order relates; and
 (iii) it was not practicable in the circumstances to apply for a computer access warrant.
 (3) After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 30(1A), the eligible Judge or nominated ART member may give the approval if satisfied that:
 (a) there were reasonable grounds to suspect that:
 (i) there was a risk of loss of evidence; and
 (ii) accessing data held in the target computer mentioned in that subsection may have helped reduce the risk; and
 (b) it was not practicable in the circumstances to apply for a computer access warrant.
 (4) If, under subsection (1), (2) or (3), the eligible Judge or nominated ART member approves the giving of an emergency authorisation, the eligible Judge or nominated ART member may:
 (a) unless paragraph (b) applies—issue a computer access warrant relating to the continued access to data held in the relevant target computer as if the application for the approval were an application for a computer access warrant under Division 4 of Part 2; or
 (b) if the eligible Judge or nominated ART member is satisfied that, since the application for the emergency authorisation, the activity that required access to data held in the relevant target computer has ceased—order that access to data held in that computer cease.
 (5) If, under subsection (1), (2) or (3),