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

Schedule 2   Computer access warrants etc.

Part 1   Amendments

Mutual Assistance in Criminal Matters Act 1987

26   After Part IIIBA

Insert:

Part IIIBB - Assistance in relation to data held in computers

15CB Simplified outline of this Part

• If a foreign country requests the Attorney-General to arrange for access to data held in a computer, the Attorney-General may authorise an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004.

• The authorisation relates to an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of the foreign country.

Note: See subsection 27A(4) of the Surveillance Devices Act 2004.

15CC Requests by foreign countries for assistance in relation to data held in computers

(1) The Attorney-General may, in the Attorney-General's discretion, authorise an eligible law enforcement officer, in writing, to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if the Attorney-General is satisfied that:

(a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country ) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and

(b) the requesting country requests the Attorney-General to arrange for access to data held in a computer (the target computer ); and

(c) the requesting country has given appropriate undertakings in relation to:

(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 requesting country; 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.

(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 item 5 of the table in subsection 6A(6), or in column 3 of item 5 of the table in subsection 6A(7), of the Surveillance Devices Act 2004.