Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_27e:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 27E (pt 2/4)
Character Range: 227675–230281

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 thing is removed from the premises in accordance with the warrant;
the computer or thing must be returned to the premises within a reasonable period.
 (3) For the purposes of paragraph (2)(g), if:
 (a) access has been obtained to data; and
 (b) the data is subject to a form of electronic protection;
the data is taken to be relevant for the purposes of determining whether the relevant data is covered by the warrant.

When data is covered by a warrant
 (4) For the purposes of this section, data is covered by a warrant if:
 (a) in the case of a warrant sought in relation to a relevant offence—access to the data is necessary as described in paragraph 27A(1)(c); or
 (b) in the case of a warrant sought in relation to a recovery order—access to the data may assist as described in paragraph 27A(3)(b); or
 (c) in the case of a warrant sought in relation to a mutual assistance authorisation—access to the data is necessary as described in paragraph 27A(4)(b); or
 (d) in the case of a warrant sought for the purposes of an integrity operation—access to the data will assist as described in paragraph 27A(5)(b); or
 (e) in the case of a control order access warrant—access to the data would be likely to substantially assist as described in paragraph 27A(6)(b).

Certain acts not authorised
 (5) Subsection (2) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
 (a) materially interfere with, interrupt or obstruct:
 (i)  a communication in transit; or
 (ii) the lawful use by other persons of a computer;
  unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or
 (b) cause any other material loss or damage to other persons lawfully using a computer.

Warrant must provide for certain matters
 (6) A computer access warrant must:
 (a) authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and
 (b) if the warrant authorises entering premises—state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Concealment of access etc.
 (7) If any thing has been done in relation to a computer under:
 (a) a computer access warrant; or
 (b) this subsection;
then, in addition to