190Australian Criminal Intelligence Commission Bill 2026 No. , 2026

190 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (b) if the computer or device is found or seized during the1 execution of a premises search warrant—the Attorney2 General is satisfied there are reasonable grounds for3 suspecting that access by the ACIC to data held in, or4 accessible from, the computer or device will substantially5 assist the ACIC to obtain intelligence in accordance with this6 Act in respect of a matter that is important in relation to7 combatting serious and organised crime; and8 (c) if the computer or device is found or seized during the9 execution of a person search warrant (whether or not the10 computer or device has been moved to another place under11 subsection 163(1))—the Attorney-General is satisfied there12 are reasonable grounds for suspecting that access by the13 ACIC to data held in, or accessible from, the computer or14 device will assist the ACIC to obtain intelligence in15 accordance with this Act in respect of a matter; and16 (d) the Attorney-General is satisfied, on reasonable grounds, that17 the specified person is:18 (i) reasonably suspected of being involved in activities that19 are relevant to serious and organised crime; or20 (ii) the owner or lessee of the computer or device; or21 (iii) an employee of the owner or lessee of the computer or22 device; or23 (iv) a person engaged under a contract for services by the24 owner or lessee of the computer or device; or25 (v) a person who uses or has used the computer or device;26 or27 (vi) a person who is or was a system administrator for the28 system including the computer or device; and29 (e) the Attorney-General is satisfied, on reasonable grounds, that30 the specified person has relevant knowledge of:31 (i) the computer or device; or32 (ii) a computer network of which the computer or device33 forms or formed a part; or34 (iii) measures applied to protect data held in, or accessible35 from, the computer or device.36 (2) The order is an assistance order.37

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 191 Assistance order must be pre-seizure order or post-seizure order1 (3) The order must specify whether the order is:2 (a) a pre-seizure order; or3 (b) a post-seizure order.4 (4) A pre-seizure order is an assistance order that:5 (a) begins to be in force either:6 (i) if the order specifies a day (which must be a day after7 the day the order is made)—at the beginning of that day;8 or9 (ii) otherwise—at the time the order is made; and10 (b) unless revoked earlier, continues in force until the earlier of11 the following:12 (i) the time the order is complied with;13 (ii) the time the computer or data storage device that is the14 subject of the order is seized under this Part.15 (5) A post-seizure order is an assistance order that:16 (a) begins to be in force at the later of the following:17 (i) the time the order is made;18 (ii) the time that the computer or data storage device that is19 the subject of the order is seized under this Part; and20 (b) continues in force until the time the order is complied with or21 is revoked.22 Other matters to be specified in post-seizure order23 (6) If the order is a post-seizure order, the order must:24 (a) specify the period within which the person must provide the25 information or assistance required by the order; and26 (b) specify the place at which the person must provide the27 information or assistance; and28 (c) specify the conditions (if any) determined by the29 Attorney-General as the conditions to which the requirement30 on the person to provide the information or assistance is31 subject.32