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

52   After subsection 29(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:

(a) a recovery order is in force; and

(b) the law enforcement officer reasonably suspects that:

(i) the circumstances are so urgent as to warrant immediate access to data held in the target computer; and

(ii) 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).