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

Schedule 2   Computer access warrants etc.

Part 1   Amendments

Surveillance Devices Act 2004

64   After subsection 34(1)

Insert:

(1A) Before deciding an application for approval of the giving of an emergency authorisation given in response to an application under subsection 28(1A), the eligible Judge or nominated AAT member considering the application must, in particular, and being mindful of the intrusive nature of accessing data held in the target computer mentioned in that subsection, consider the following:

(a) the nature of the risk of serious violence to a person or substantial damage to property;

(b) the extent to which issuing a computer access warrant would have helped reduce or avoid the risk;

(c) the extent to which law enforcement officers could have used alternative methods of investigation to help reduce or avoid the risk;

(d) how much the use of alternative methods of investigation could have helped reduce or avoid the risk;

(e) how much the use of alternative methods of investigation would have prejudiced the safety of the person or property because of delay or for another reason;

(f) whether or not it was practicable in the circumstances to apply for a computer access warrant.