Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_95
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 95
Character Range: 265511–266799

95  After subsection 46A(1)
Insert:
 (1A) If:
 (a) a record or report is in the possession of a law enforcement agency; and
 (b) the record or report comprises information obtained from access to data under a control order access warrant issued on the basis of a control order made in relation to a person; and
 (c) the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to substantially assist in connection with determining whether the control order, or any succeeding control order, has been, or is being, complied with; and
 (d) access to the data occurred when the control order had been made, but had not come into force because it had not been served on the person; and
 (e) the chief officer of the agency is satisfied that none of the information obtained from accessing the data is likely to assist in connection with:
 (i) the protection of the public from a terrorist act; or
 (ii) preventing the provision of support for, or the facilitation of, a terrorist act; or
 (iii) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;
the chief officer of the agency must cause the record or report to be destroyed as soon as practicable.