Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (148 of 2018)
Schedule 2 Computer access warrants etc.
Part 1 Amendments
Mutual Assistance in Criminal Matters Act 1987
26 After Part IIIBA
Insert:
Part IIIBB - Assistance in relation to data held in computers
15CB Simplified outline of this Part
If a foreign country requests the Attorney-General to arrange for access to data held in a computer, the Attorney-General may authorise an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004.
The authorisation relates to an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of the foreign country.
Note: See subsection 27A(4) of the Surveillance Devices Act 2004.
15CC Requests by foreign countries for assistance in relation to data held in computers
(1) The Attorney-General may, in the Attorney-General's discretion, authorise an eligible law enforcement officer, in writing, to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if the Attorney-General is satisfied that:
(a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country ) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and
(b) the requesting country requests the Attorney-General to arrange for access to data held in a computer (the target computer ); and
(c) the requesting country has given appropriate undertakings in relation to:
(i) ensuring that data obtained as a result of access under the warrant will only be used for the purpose for which it is communicated to the requesting country; and
(ii) the destruction of a document or other thing containing data obtained as a result of access under the warrant; and
(iii) any other matter the Attorney-General considers appropriate.
(2) The target computer 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).
(3) In this section:
computer has the same meaning as in the Surveillance Devices Act 2004.
data has the same meaning as in the Surveillance Devices Act 2004.
data held in a computer has the same meaning as in the Surveillance Devices Act 2004.
eligible law enforcement officer means a person mentioned in column 3 of item 5 of the table in subsection 6A(6), or in column 3 of item 5 of the table in subsection 6A(7), of the Surveillance Devices Act 2004.
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