Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)
Schedule 1 Data disruption
Surveillance Devices Act 2004
15 After subsection 28(1B)
Insert:
(1C) A law enforcement officer of the Australian Federal Police or the Australian Crime Commission may apply to an appropriate authorising officer for an emergency authorisation for disruption of 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) disruption of data held in the target computer is immediately necessary for the purpose of dealing with that risk; and
(ba) there are no alternative methods that:
(i) could have been used by law enforcement officers to help reduce or avoid that risk; and
(ii) are likely to be as effective as disruption of data held in the target computer; and
(c) the circumstances are so serious and the matter is of such urgency that disruption of data held in the target computer is warranted; and
(d) it is not practicable in the circumstances to apply for a data disruption warrant.
(1D) The target computer mentioned in subsection (1C) 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).
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