25AComputer access warrant

25A Computer access warrant

Issue of computer access warrant (1) If the Director‑General requests the Attorney‑General to do so, and the Attorney‑General is satisfied as mentioned in subsection (2), the Attorney‑General may issue a warrant in accordance with this section. Test for issue of warrant (2) The Attorney‑General is only to issue the warrant if he or she is satisfied that there are reasonable grounds for believing that access by the Organisation to data held in a computer (the target computer) will substantially assist the collection of intelligence in accordance with this Act in respect of a matter (the security matter) that is important in relation to security.

Note: See section 4 for the definition of computer.

(3) 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). Authorisation in warrant (3A) The warrant must: (a) be signed by the Attorney‑General; and (b) authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the target computer; and (c) if the target computer is or includes a particular computer—specify the computer; and (d) if the target computer is or includes a computer on particular premises—specify the premises; and (e) if the target computer is or includes a computer associated with, used by or likely to be used by, a person—specify the person (whether by name or otherwise). Things that may be authorised in warrant (4) The things that may be specified are any of the following that the Attorney‑General considers appropriate in the circumstances: (aa) entering specified premises for the purposes of doing the things mentioned in this subsection; (aaa) entering any premises for the purposes of gaining entry to or exiting the specified premises; (a) using: (i) the target computer; or (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or (iii) any other electronic equipment; or (iv) a data storage device; for the purpose of obtaining access to data (the relevant data) that is relevant to the security matter and is held in the target computer at any time while the warrant is in force and, if necessary to achieve that purpose, adding, copying, deleting or altering other data in the target computer; (ab) if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so: (i) using any other computer or a communication in transit to access the relevant data; and (ii) if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit; (ac) removing a computer or other thing from premises for the purposes of doing any thing specified in the warrant in accordance with this subsection, and returning the computer or other thing to the premises; (b) copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act; (ba) intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing specified in the warrant in accordance with this subsection; (c) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant; (d) any other thing reasonably incidental to any of the above.