Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27h:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27H (pt 1/3)
Character Range: 235455–238116

27H  Discontinuance of access under warrant

Scope
 (1) This section applies if a computer access warrant is issued to a law enforcement officer.

Discontinuance of access
 (2) If:
 (a) the computer access warrant has been sought by or on behalf of a law enforcement officer in relation to a relevant offence; and
 (b) the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that access to data under the warrant is no longer required for the purpose of enabling evidence to be obtained of:
 (i) the commission of the relevant offence; or
 (ii) the identity or location of the offender;
the chief officer must, in addition to revoking the warrant under section 27G, take the steps necessary to ensure that access to data authorised by the warrant is discontinued.
 (3) If:
 (a) the computer access warrant has been sought by or on behalf of a law enforcement officer in relation to a recovery order; and
 (b) the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that access to data under the warrant is no longer required for the purpose of locating and safely recovering the child to whom the recovery order relates;
the chief officer must, in addition to revoking the warrant under section 27G, take the steps necessary to ensure that access to data authorised by the warrant is discontinued.
 (4) If:
 (a) the computer access warrant has been sought by or on behalf of a law enforcement officer as authorised under a mutual assistance authorisation; and
 (b) the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that access to data under the warrant is no longer required for the purpose of enabling evidence to be obtained of:
 (i) the commission of the offence against a law of a foreign country to which the authorisation relates; or
 (ii) the identity or location of the persons suspected of committing the offence;
the chief officer must, in addition to revoking the warrant under section 27G, take the steps necessary to ensure that access to data authorised by the warrant is discontinued.
 (5) If:
 (a) the computer access warrant has been sought by or on behalf of a federal law enforcement officer for the purposes of an integrity operation; and
 (b) the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that:
 (i) access to data under the warrant is no longer necessary for the purposes of the integrity operation; or
 (ii) the integrity authority for the integrity operation is