Document ID: chunk:federal_register_of_legislation:C2021C00313:section:79a
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 79A
Character Range: 107164–108606

79A  Authorising applications for surveillance device warrants
 (1) The Attorney‑General may authorise, in writing, an eligible law enforcement officer to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if:
 (a) the ICC has requested the Attorney‑General to arrange for the use of a surveillance device; and
 (b) the Attorney‑General is satisfied that an investigation is being conducted by the Prosecutor, or a proceeding is before the ICC; and
 (c) the Attorney‑General is satisfied that the ICC has given appropriate undertakings for:
 (i) ensuring that the information obtained as a result of the use of the device will only be used for the purpose for which it is communicated to the ICC; and
 (ii) the destruction of a document or other thing containing information obtained as a result of the use of the device; and
 (iii) any other matter the Attorney‑General considers appropriate.
Note: The eligible law enforcement officer can only apply for the warrant if he or she reasonably suspects that the use of the device is necessary for the investigation or proceeding (see subsection 14(3A) of the Surveillance Devices Act 2004).
 (2) An eligible law enforcement officer is a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

Division 12B—Requests for access to data held in computers