Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:2_27km:p1
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 2 cl 27KM (pt 1/3)
Character Range: 82614–85334

27KM  Determining the application
 (1) An eligible Judge or a nominated AAT member may issue a network activity warrant if satisfied:
 (a) that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (aa) that the issue of the warrant is justified and proportionate, having regard to the kinds of offences in relation to which information will be obtained under the warrant; and
 (b) in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and
 (c) in the case of a remote application—that it would have been impracticable for the application to have been made in person.
 (2) In determining whether a network activity warrant should be issued, the eligible Judge or nominated AAT member must have regard to:
 (a) the nature and gravity of the conduct constituting the kinds of offences in relation to which information will be obtained under the warrant; and
 (b) the extent to which access to data under the warrant will assist in the collection of intelligence that:
 (i) relates to the group referred to in paragraph 27KK(1)(a) or to any of the individuals in the group; and
 (ii) is relevant to the prevention, detection or frustration of one or more kinds of relevant offences; and
 (c) the likely intelligence value of any information sought to be obtained; and
 (d) whether the things authorised by the warrant are proportionate to the likely intelligence value of any information sought to be obtained; and
 (e) the existence of any alternative, or less intrusive, means of obtaining the information sought to be obtained; and
 (f) the extent to which the execution of the warrant is likely to result in access to data of persons who are lawfully using a computer, and any privacy implications (to the extent known to the eligible Judge or nominated AAT member) resulting from that access; and
 (fa) if:
 (i) the eligible Judge or nominated AAT member believes on reasonable grounds that the data covered by the warrant (within the meaning of section 27KP) is data of a person who is working in a professional capacity as a journalist or of an employer of such a person; and
 (ii) each of the offences referred to in paragraph 27KK(1)(b) is an offence against a secrecy provision;
   whether the public interest in issuing the warrant outweighs:
 (iii) the public interest in protecting the confidentiality of the identity of the journalist's source; and
 (iv) the public interest in facilitating the exchange of information between journalists and members of the public so as to facilitate reporting of matters in the public interest; and
 (g) any previous warrant sought