Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_145
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 145
Character Range: 316643–318140

145  Subsection 64A(4)
Repeal the subsection, substitute:

Warrants relating to international assistance authorisations
 (4) In the case of a computer that is the subject of a computer access warrant issued in relation to an international assistance authorisation, 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, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:
 (i) the commission of an offence to which the authorisation relates; or
 (ii) the identity or location of the persons suspected of committing the offence; and
 (b) the specified person is:
 (i) reasonably suspected of committing an offence to which the authorisation relates; 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.