Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:2_31
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 2 cl 31
Character Range: 124899–126265

31  After subsection 64A(6)
Insert:

Network activity warrant
 (6A) In the case of a computer that is the subject of a network activity warrant, the eligible Judge or nominated AAT member may grant the assistance order if the eligible Judge or nominated AAT member is satisfied that:
 (a)  there are reasonable grounds for suspecting that access to data held in the computer will substantially 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
 (b) the specified person is:
 (i) reasonably suspected of having committed any of the relevant offences in respect of which the warrant was issued; or
 (ii) the owner or lessee of the computer; or
 (iii) an employee of the owner or lessee of the computer; or
 (iv) a person engaged under a contract for services by the owner or lessee of the computer; or
 (v) a person who uses or has used the computer; or
 (vi) a person who is or was a system administrator for the system including the computer; and
 (c) the specified person has relevant knowledge of:
 (i) the computer or a computer network of which the computer forms or formed a part; or
 (ii) measures applied to protect data held in the computer.