Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27a:p3
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27A (pt 3/3)
Character Range: 213892–216048

of the application, send a duly sworn affidavit to the eligible Judge or nominated AAT member, whether or not a warrant has been issued.

Unsworn applications—warrants sought for recovery orders
 (11) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred to in subsection (3) may assist as described in paragraph (3)(b); and
 (b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant under subsection (3) may be made before an affidavit is prepared or sworn.
 (12) If subsection (11) applies, the applicant must:
 (a) provide as much information as the eligible Judge or nominated AAT member considers is reasonably practicable in the circumstances; and
 (b) not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated AAT member, whether or not a warrant has been issued.

Unsworn applications—control order access warrants
 (13) If a law enforcement officer believes that:
 (a) immediate access to data held in the target computer referred to in subsection (6) would be likely to substantially assist as described in paragraph (6)(b); and
 (b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant under subsection (6) may be made before an affidavit is prepared or sworn.
 (14) If subsection (13) applies, the applicant must:
 (a) provide as much information as the eligible Judge or nominated AAT member considers is reasonably practicable in the circumstances; and
 (b) not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated AAT member, whether or not a warrant has been issued.

Target computer
 (15) The target computer referred to in subsection (1), (3), (4), (5) or (6) may be any one or more of the following:
 (a) a particular computer;
 (b) a computer on particular premises;
 (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).