Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 3 - Emergency authorisations  

SECTION 3ZZVB  

3ZZVB   Consideration of application  

Before deciding an application for approval of the giving of an emergency authorisation that relates to an online account, the magistrate considering the application must, in particular, and being mindful of the intrusive nature of taking control of the online account, 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 an account takeover 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 an account takeover warrant.