Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)

Schedule 1   Data disruption

Surveillance Devices Act 2004

17   At the end of section 28

Add:

(4A) In deciding whether to give an emergency authorisation for disruption of data held in a computer, the appropriate authorising officer must have regard to:

(a) the extent to which the execution of the emergency authorisation is likely to result in access to, or disruption of, data of persons lawfully using a computer; and

(b) whether the likely impact of the execution of the emergency authorisation on persons lawfully using a computer is proportionate, having regard to the risk of serious violence or substantial damage referred to in paragraph (1C)(a).

(4B) Subsection (4A) does not limit the matters to which the appropriate authorising officer may have regard.

Statutory conditions - disruption of data held in a computer

(5) An emergency authorisation for disruption of data held in a computer is subject to the following conditions:

(a) the authorisation must not be executed in a manner that results in damage to data unless the damage is reasonably necessary and proportionate, having regard to the risk of serious violence or substantial damage referred to in paragraph (1C)(a);

(b) the authorisation must not be executed in a manner that causes a person to suffer a permanent loss of:

(i) money; or

(ii) digital currency; or

(iii) property (other than data).