Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_64a:p4
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 64A (pt 4/4)
Character Range: 287672–289990

(i) the subject of the control order; 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.

Emergency authorisations relating to risk of loss of evidence
 (7) In the case of a computer that is the subject of an emergency authorisation given in response to an application under subsection 30(1A), 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 is necessary to prevent the loss of any evidence relevant to the investigation to which the subsection 30(1A) application relates; and
 (b) the specified person is:
 (i) reasonably suspected of having committed any of the offences to which the emergency authorisation relates; or
 (ii) the owner or lessee of the computer or device; or
 (iii) an employee of the owner or lessee of the computer or device; or
 (iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
 (v) a person who uses or has used the computer or device; or
 (vi) a person who is or was a system administrator for the system including the computer or device; and
 (c) the specified person has relevant knowledge of:
 (i) the computer or device or a computer network of which the computer or device forms or formed a part; or
 (ii) measures applied to protect data held in the computer or device.

Offence
 (8) A person commits an offence if:
 (a) the person is subject to an order under this section; and
 (b) the person is capable of complying with a requirement in the order; and
 (c) the person omits to do an act; and
 (d) the omission contravenes the requirement.
Penalty for contravention of this subsection: Imprisonment for 10 years or 600 penalty units, or both.