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

Schedule 2   Network activity warrants

Part 1   Main amendments

Surveillance Devices Act 2004

31   After subsection 64A(6)

Insert:

Network activity warrant

(6A) In the case of a computer that is the subject of a network activity warrant, the eligible Judge or nominated AAT member may grant the assistance order if the eligible Judge or nominated AAT member is satisfied that:

(a) there are reasonable grounds for suspecting that access to data held in the computer will substantially assist in the collection of intelligence that:

(i) relates to the group referred to in paragraph 27KK(1)(a) or to any of the individuals in the group; and

(ii) is relevant to the prevention, detection or frustration of one or more kinds of relevant offences; and

(b) the specified person is:

(i) reasonably suspected of having committed any of the relevant offences in respect of which the warrant was issued; or

(ii) the owner or lessee of the computer; or

(iii) an employee of the owner or lessee of the computer; or

(iv) a person engaged under a contract for services by the owner or lessee of the computer; or

(v) a person who uses or has used the computer; or

(vi) a person who is or was a system administrator for the system including the computer; and

(c) the specified person has relevant knowledge of:

(i) the computer or a computer network of which the computer forms or formed a part; or

(ii) measures applied to protect data held in the computer.