79BAuthorising applications for computer access warrants

#### 79B Authorising applications for computer access warrants (1) The Attorney‑General may authorise, in writing, an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if: (a) the ICC has requested the Attorney‑General to arrange for the access to data held in a computer (the target computer); and (b) the Attorney‑General is satisfied that an investigation is being conducted by the Prosecutor, or a proceeding is before the ICC; and (c) the Attorney‑General is satisfied that the ICC has given appropriate undertakings for: (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 ICC; 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. > Note: The eligible law enforcement officer can only apply for the warrant if the officer reasonably suspects that the access to data held in the target computer is necessary for the investigation or proceeding (see subsection 27A(4) of the Surveillance Devices Act 2004). (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 table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.