34AADPerson with knowledge of a computer or a data storage device to assist access to data

#### 34AAD Person with knowledge of a computer or a data storage device to assist access to data (1) The Director‑General may request the Attorney‑General to make an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the Organisation to do one or more of the following: (a) access data held in, or accessible from, a computer or data storage device that: (i) is the subject of a warrant under section 25A, 26 or 27A; or (ii) is the subject of an authorisation under section 27E or 27F; or (iii) is on premises in relation to which a warrant under section 25, 26 or 27A is in force; or (iv) is on premises in relation to which an authorisation under section 27D or 27F is in force; or (v) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 25 or 27A; or (vi) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised under section 27D; or (vii) has been removed from premises under a warrant under section 25, 26 or 27A; or (viii) has been removed from premises under section 27D; or (ix) has been seized under subsection 34CC(5); (b) copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device; (c) convert into documentary form or another form intelligible to an ASIO employee or ASIO affiliate: (i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or (ii) data held in a data storage device to which the data was copied as described in paragraph (b); or (iii) data held in a computer or data storage device removed from premises under a warrant under section 25, 26 or 27A; or (iv) data held in a computer or data storage device removed from premises under section 27D. (2) The Attorney‑General may make the order if: (a) in a case where the computer or data storage device: (i) is the subject of a warrant under section 27A; or (ii) is on premises in relation to which a warrant under section 27A is in force; or (iii) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 27A; or (iv) has been removed from premises under a warrant under section 27A; the Attorney‑General is satisfied, on reasonable grounds, that: (v) access by the Organisation to data held in, or accessible from, the computer or data storage device will be for the purpose of obtaining foreign intelligence relating to a matter specified in the relevant notice under subsection 27A(1); and (vi) on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, the collection of foreign intelligence relating to that matter is in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well‑being; and (b) in a case where paragraph (a) does not apply—the Attorney‑General is satisfied that there are reasonable grounds for suspecting that access by the Organisation to data held in, or accessible from, the computer or data storage device will substantially assist the collection of intelligence in accordance with this Act in respect of a matter that is important in relation to security; and (c) the Attorney‑General is satisfied, on reasonable grounds, that the specified person is: (i) reasonably suspected of being involved in activities that are prejudicial to security; or (ii) the owner or lessee of the computer or device; or (iii) an employee of the owner or lessee of the computer or device; or (iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or (v) a person who uses or has used the computer or device; or (vi) a person who is or was a system administrator for the system including the computer or device; and (d) the Attorney‑General is satisfied, on reasonable grounds, that the specified person has relevant knowledge of: (i) the computer or device or a computer network of which the computer or device forms or formed a part; or (ii) measures applied to protect data held in, or accessible from, the computer or device. (3) If the computer or data storage device is not on premises in relation to which a warrant is in force, the order must: (a) specify the period within which the person must provide the information or assistance; and (b) specify the place at which the person must provide the information or assistance; and (c) specify the conditions (if any) determined by the Attorney‑General as the conditions to which the requirement on the person to provide the information or assistance is subject. (3A) A request under subsection (1) may be made: (a) orally; or (b) in writing. (3B) If a request under subsection (1) is made orally, the Director‑General must: (a) make a written record of the request; and (b) do so within 48 hours after the request was made. (3C) A request under subsection (1) (the current request) must be accompanied by a statement setting out the particulars and outcomes of all previous requests (if any) under that subsection for the making of an order relating to the person specified in the current request. (3D) If the Director‑General is satisfied that the grounds on which an order under this section was made have ceased to exist, the Director‑General must, as soon as practicable, inform the Attorney‑General of that fact. (3E) If: (a) an order is in force under this section; and (b) the Attorney‑General is satisfied that the grounds on which the order was made have ceased to exist; the Attorney‑General must revoke the order. (4) A person commits an offence if: (a) the person is subject to an order under this section; and (b) the person is capable of complying with a requirement in the order; and (c) the person omits to do an act; and (d) the omission contravenes the requirement. Penalty for contravention of this subsection: Imprisonment for 5 years or 300 penalty units, or both.