Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 3 - Emergency authorisations  

SECTION 3ZZUX   Emergency authorisation - serious risks to person or property  

(1)    
A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for taking control of an online account if, in the course of an investigation of one or more relevant offences, 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)    taking control of the account is immediately necessary for the purpose of dealing with that risk; and

(c)    the circumstances are so serious and the matter is of such urgency that taking control of the account is warranted; and

(d)    it is not practicable in the circumstances to apply for an account takeover warrant.

(2)    
The application may be made orally, in writing or by telephone, fax, email or any other means of communication.

(3)    
The appropriate authorising officer may give the emergency authorisation if satisfied that there are reasonable grounds for the suspicion founding the application.

Statutory conditions

(4)    
An emergency authorisation is subject to the following conditions:

(a)    the authorisation must not be executed in a manner that results in damage to data unless the damage is justified and proportionate, having regard to the risk of serious violence or substantial damage referred to in paragraph (1)(a) ;

(b)    the authorisation must not be executed in a manner that causes a person to suffer a permanent loss of:

(i) money; or

(ii) digital currency; or

(iii) property (other than data).