Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)

Schedule 1   Data disruption

Surveillance Devices Act 2004

15   After subsection 28(1B)

Insert:

(1C) A law enforcement officer of the Australian Federal Police or the Australian Crime Commission may apply to an appropriate authorising officer for an emergency authorisation for disruption of data held in a computer (the target computer ) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that:

(a) an imminent risk of serious violence to a person or substantial damage to property exists; and

(b) disruption of data held in the target computer is immediately necessary for the purpose of dealing with that risk; and

(ba) there are no alternative methods that:

(i) could have been used by law enforcement officers to help reduce or avoid that risk; and

(ii) are likely to be as effective as disruption of data held in the target computer; and

(c) the circumstances are so serious and the matter is of such urgency that disruption of data held in the target computer is warranted; and

(d) it is not practicable in the circumstances to apply for a data disruption warrant.

(1D) The target computer mentioned in subsection (1C) 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).