Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_15cc
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 15CC
Character Range: 201152–203145

15CC  Requests by foreign countries for assistance in relation to data held in computers
 (1) The Attorney‑General may, in the Attorney‑General's discretion, authorise an eligible law enforcement officer, in writing, to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if the Attorney‑General is satisfied that:
 (a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and
 (b) the requesting country requests the Attorney‑General to arrange for access to data held in a computer (the target computer); and
 (c) the requesting country has given appropriate undertakings in relation to:
 (i) ensuring that data obtained as a result of access under the warrant will only be used for the purpose for which it is communicated to the requesting country; and
 (ii) the destruction of a document or other thing containing data obtained as a result of access under the warrant; and
 (iii) any other matter the Attorney‑General considers appropriate.
 (2) The target computer may be any one or more of the following:
 (a) a particular computer;
 (b) a computer on particular premises;
 (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
 (3) In this section:
computer has the same meaning as in the Surveillance Devices Act 2004.
data has the same meaning as in the Surveillance Devices Act 2004.
data held in a computer has the same meaning as in the Surveillance Devices Act 2004.
eligible law enforcement officer means a person mentioned in column 3 of item 5 of the table in subsection 6A(6), or in column 3 of item 5 of the table in subsection 6A(7), of the Surveillance Devices Act 2004.

Surveillance Devices Act 2004