Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27e:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27E (pt 1/4)
Character Range: 225179–227912

27E  What a computer access warrant authorises
 (1) A computer access warrant must authorise the doing of specified things (subject to any restrictions or conditions specified in the warrant) in relation to the relevant target computer.
 (2) The things that may be specified are any of the following that the eligible Judge or nominated AAT member considers appropriate in the circumstances:
 (a) entering specified premises for the purposes of doing the things mentioned in this subsection;
 (b) entering any premises for the purposes of gaining entry to, or exiting, the specified premises;
 (c) using:
 (i) the target computer; or
 (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or
 (iii) any other electronic equipment; or
 (iv) a data storage device;
  for the purpose of obtaining access to data (the relevant data) that is held in the target computer at any time while the warrant is in force, in order to determine whether the relevant data is covered by the warrant;
 (d) if necessary to achieve the purpose mentioned in paragraph (c)—adding, copying, deleting or altering other data in the target computer;
 (e) if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:
 (i) using any other computer or a communication in transit to access the relevant data; and
 (ii) if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;
 (f) removing a computer or other thing from premises for the purposes of doing any thing specified in the warrant in accordance with this subsection, and returning the computer or other thing to the premises;
 (g) copying any data to which access has been obtained, and that:
 (i) appears to be relevant for the purposes of determining whether the relevant data is covered by the warrant; or
 (ii) is covered by the warrant;
 (h) intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing specified in the warrant in accordance with this subsection;
 (i) any other thing reasonably incidental to any of the above.
Note: As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).
 (2A) If:
 (a) a computer access warrant authorises the removal of a computer or other thing from premises as mentioned in paragraph (2)(f); and
 (b) a computer or