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

Schedule 2   Computer access warrants etc.

Part 1   Amendments

Australian Security Intelligence Organisation Act 1979

7   At the end of section 25A

Add:

Concealment of access etc.

(8) If any thing has been done in relation to a computer under:

(a) the warrant; or

(b) this subsection;

the Organisation is authorised to do any of the following:

(c) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant or under this subsection;

(d) enter any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);

(e) enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);

(f) remove the computer or another thing from any place where it is situated for the purposes of doing the things mentioned in paragraph (c), and returning the computer or other thing to that place;

(g) if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:

(i) use any other computer or a communication in transit to do those things; and

(ii) if necessary to achieve that purpose - add, copy, delete or alter other data in the computer or the communication in transit;

(h) intercept a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;

(i) any other thing reasonably incidental to any of the above;

at the following time:

(j) at any time while the warrant is in force or within 28 days after it ceases to be in force;

(k) if none of the things mentioned in paragraph (c) are done within the 28-day period mentioned in paragraph (j) - at the earliest time after that 28-day period at which it is reasonably practicable to do the things mentioned in paragraph (c).

(9) Subsection (8) does not authorise the doing of a thing that is likely to:

(a) materially interfere with, interrupt or obstruct:

(i) a communication in transit; or

(ii) the lawful use by other persons of a computer;

unless the doing of the thing is necessary to do one or more of the things specified in subsection (8); or

(b) cause any other material loss or damage to other persons lawfully using a computer.

(10) If a computer or another thing is removed from a place in accordance with paragraph (8)(f), the computer or thing must be returned to that place:

(a) if returning the computer or thing would be prejudicial to security - when returning the computer or thing would no longer be prejudicial to security; or

(b) otherwise - within a reasonable period.