Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (148 of 2018)

Schedule 2   Computer access warrants etc.

Part 1   Amendments

Surveillance Devices Act 2004

50   After subsection 28(1)

Insert:

(1A) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to 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) access to data held in the target computer 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 access to data held in the target computer is warranted; and

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

(1B) 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).