Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)
Schedule 1 Data disruption
Surveillance Devices Act 2004
23 After section 35A
Insert:
35B Judge or nominated AAT member may approve giving of an emergency authorisation for disruption of data held in a computer
(1) After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 28(1C), the eligible Judge or nominated AAT member may give the approval if satisfied that there were reasonable grounds to suspect that:
(a) there was a risk of serious violence to a person or substantial damage to property; and
(b) disruption of data held in the target computer mentioned in that subsection may have helped reduce the risk; and
(c) it was not practicable in the circumstances to apply for a data disruption warrant.
(2) If, under subsection (1), the eligible Judge or nominated AAT member approves the giving of an emergency authorisation, the eligible Judge or nominated AAT member may:
(a) unless paragraph (b) applies - issue a data disruption warrant relating to the continued access to, and disruption of, data held in the relevant target computer as if the application for the approval were an application for a data disruption warrant under Division 5 of Part 2; or
(b) if the eligible Judge or nominated AAT member is satisfied that, since the application for the emergency authorisation, the activity that required access to, and disruption of, data held in the relevant target computer has ceased - order that access to, and disruption of, data held in that computer cease.
(3) If, under subsection (1), the eligible Judge or nominated AAT member does not approve the giving of an emergency authorisation, the eligible Judge or nominated AAT member may:
(a) order that access to, and disruption of, data held in the relevant target computer cease; or
(b) if the eligible Judge or nominated AAT member is of the view that, although the situation did not warrant the emergency authorisation at the time that authorisation was given, the use of a data disruption warrant under Division 5 of Part 2 is currently justified - issue a data disruption warrant relating to the subsequent access to, and disruption of, such data as if the application for the approval were an application for a data disruption warrant under Division 5 of Part 2.
(4) In any case, the eligible Judge or nominated AAT member may order that any information obtained from or relating to the exercise of powers under the emergency authorisation, or any record of that information, be dealt with in a manner specified in the order, so long as the manner does not involve the destruction of that information.