Surveillance Devices Act 2004
27DWhat must a computer access warrant contain?
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27D What must a computer access warrant contain?
(1) A computer access warrant must: (a) state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 27C(1) and has had regard to the matters referred to in subsections 27C(2), (3), (4), (5) and (6) (as the case requires); and (b) specify: (i) the name of the applicant; and (ii) if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and (iii) if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and (iv) if the warrant relates to an international assistance authorisation—each offence to which the authorisation relates; and (v) if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and (vi) the date the warrant is issued; and (vii) if the target computer is or includes a particular computer—the computer; and (viii) if the target computer is or includes a computer on particular premises—the premises; and (ix) if the target computer is or includes a computer associated with, used by or likely to be used by, a person—the person (whether by name or otherwise); and (x) the period during which the warrant is in force (see subsection (3)); and (xi) the name of the law enforcement officer primarily responsible for executing the warrant; and (xii) any conditions subject to which things may be done under the warrant. (1A) If a computer access warrant is issued to determine whether to apply for a post‑sentence order in relation to a person, the warrant must also specify the name of the person. (2) If a computer access warrant is issued on the basis of a Part 5.3 supervisory order that is in force in relation to a person, the warrant must also specify the following details: (a) the name of the person; (b) the date the Part 5.3 supervisory order was made; (c) if (disregarding section 6C) the order is not already in force and the order is not an interim control order—when the order comes into force; (d) whether the order is: (i) an interim control order; or (ii) a confirmed control order; or (iii) an interim supervision order; or (iv) an extended supervision order. (2A) If a computer access warrant is issued to determine whether to apply for a Part 9.10 order in relation to a person, the warrant must also specify the name of the person. (2B) If a computer access warrant is issued on the basis of a community safety supervision order that is in force in relation to a person, the warrant must also specify the following details: (a) the name of the person; (b) the date the community safety supervision order was made; (c) if (disregarding section 6E) the order is not already in force—when the order comes into force. (3) A warrant may only be issued: (a) for a period of no more than 90 days; or (b) if the warrant is issued for the purposes of an integrity operation—for a period of no more than 21 days.