Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (148 of 2018)

Schedule 2   Computer access warrants etc.

Part 3   Amendments contingent on the commencement of the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018

Surveillance Devices Act 2004

145   Subsection 64A(4)

Repeal the subsection, substitute:

Warrants relating to international assistance authorisations

(4) In the case of a computer that is the subject of a computer access warrant issued in relation to an international assistance authorisation, the eligible Judge or nominated AAT member may grant the assistance order if the eligible Judge or nominated AAT member is satisfied that:

(a) there are reasonable grounds for suspecting that access to data held in the computer is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

(i) the commission of an offence to which the authorisation relates; or

(ii) the identity or location of the persons suspected of committing the offence; and

(b) the specified person is:

(i) reasonably suspected of committing an offence to which the authorisation relates; or

(ii) the owner or lessee of the computer; or

(iii) an employee of the owner or lessee of the computer; or

(iv) a person engaged under a contract for services by the owner or lessee of the computer; or

(v) a person who uses or has used the computer; or

(vi) a person who is or was a system administrator for the system including the computer; and

(c) the specified person has relevant knowledge of:

(i) the computer or a computer network of which the computer forms or formed a part; or

(ii) measures applied to protect data held in the computer.

146 Application of amendments

The amendments made by this Part apply in relation to a request made to the Attorney-General by the ICC, a Tribunal or a foreign country:

(a) at or after the commencement of this item; or

(b) before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request;

whether conduct, a crime or an offence to which the request relates occurred before, on or after that commencement.