a surveillance device warrant;

a retrieval warrant;

a computer access warrant;

a data disruption warrant;

a network activity warrant.

in respect of more than one kind of surveillance device; and

in respect of more than one surveillance device of any particular kind.

in relation to an application for a warrant by a law enforcement officer of the National Anti-Corruption Commission—an eligible Judge; or

otherwise—an eligible Judge or a nominated ART member.

Warrants issued to law enforcement officers of the NACC

in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and

in relation to any of the following issued to, or applied for by, a law enforcement officer of the National Anti-Corruption Commission—who is a superior Court Judge:

a warrant;

an emergency authorisation;

an assistance order (within the meaning of subsection 64A(1)).

Judge means a person who is a Judge of a court created by the Parliament.

Deputy President;

a senior member;

a general member.

is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

has been so enrolled for not less than 5 years.

the nominated ART member ceases to hold an appointment described in subsection (1); or

the ART Minister, by writing, withdraws the nomination.

one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and

an investigation into those offences is being, will be, or is likely to be, conducted; and

the use of a surveillance device is necessary in the course of that investigation for the purpose of enabling evidence to be obtained of the commission of the relevant offences or the identity or location of the offenders.

a recovery order is in force; and

the law enforcement officer suspects on reasonable grounds that the use of a surveillance device may assist in the location and safe recovery of the child to whom the recovery order relates.

Warrants sought for international assistance investigations

is authorised to do so under an international assistance authorisation; and

suspects on reasonable grounds that the use of a surveillance device is necessary, in the course of the investigation, proceeding or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

the commission of an offence to which the authorisation relates; or

the identity or location of the persons suspected of committing the offence.

Warrants sought for integrity operations

an integrity authority is in effect authorising an integrity operation in relation to an offence that it is suspected has been, is being or is likely to be committed by a staff member of a target agency; and

the federal law enforcement officer suspects on reasonable grounds that the use of a surveillance device will assist the conduct of the integrity operation by:

recording or monitoring the operation; and

enabling evidence to be obtained relating to the commission of the offence or the integrity, location or identity of any staff member of the target agency.

Warrants sought for post-sentence order applications

(3BA) A law enforcement officer (or another person on the officer’s behalf) may apply for the issue of a surveillance device warrant if:

a person is a terrorist offender in relation to whom an application for a post-sentence order could be made; and

the person is detained in custody in a prison; and

the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious Part 5.3 or 5.3A offence; and

consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post-sentence order in relation to the person; and

the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the post-sentence order.

Warrants sought for Part 5.3 supervisory orders

a Part 5.3 supervisory order is in force in relation to a person; and

the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:

achieving a Part 5.3 object; or

determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.

Warrants sought for Part 9.10 order applications

a person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and

the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious violent or sexual offence; and

consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and

the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the Part 9.10 order.

Warrants sought for community safety supervision orders

a community safety supervision order is in force in relation to a person; and

the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:

achieving a Part 9.10 object; or

determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.

Procedure for making applications

must specify:

the name of the applicant; and

the nature and duration of the warrant sought, including the kind of surveillance device or devices sought to be authorised; and

subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

the immediate use of a surveillance device is necessary for a purpose referred to in paragraph (1)(c) or may assist as described in paragraph (3)(b), or would be likely to substantially assist as described in paragraph (3C)(b) or (3E)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for a warrant may be made before an affidavit is prepared or sworn.

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the Judge or member, whether or not a warrant has been issued.

in the case of a warrant sought in relation to a relevant offence—that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought in relation to a recovery order—that such an order is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought in relation to an international assistance authorisation—that such an authorisation is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought for the purposes of an integrity operation—that the integrity authority for the operation is in effect, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3B)(a) and (b)); and

in the case of a warrant sought to determine whether to apply for a post-sentence order—that the conditions in paragraphs 14(3BA)(a), (b) and (d) are met, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3BA)(c) and (e)); and

in the case of a warrant sought in relation to a Part 5.3 supervisory order that is in force in relation to a person—that the order is in force in relation to the person, and that there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 14(3C)(b)); and

in the case of a warrant sought to determine whether to apply for a Part 9.10 order—that the conditions in paragraphs 14(3D)(a) and (c) are met, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3D)(b) and (d)); and

in the case of a warrant sought in relation to a community safety supervision order that is in force in relation to a person—that the order is in force in relation to the person, and that there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 14(3E)(b)); and

in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and

in the case of a remote application—that it would have been impracticable for the application to have been made in person.

in the case of a warrant sought in relation to a relevant offence or an international assistance authorisation, or for the purposes of an integrity operation—the nature and gravity of the alleged offence; and

in the case of a warrant sought to assist in the location and safe recovery of a child to whom a recovery order relates—the circumstances that gave rise to the making of the order; and

the extent to which the privacy of any person is likely to be affected; and

the existence of any alternative means of obtaining the evidence or information sought to be obtained; and

in the case of a warrant sought in relation to a relevant offence or a recovery order, or for the purposes of an integrity operation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained; and

in the case of a warrant sought in relation to an international assistance authorisation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained, to the extent that this is possible to determine from information obtained from the international entity to which the authorisation relates; and

in the case of a warrant sought in relation to a relevant offence or a recovery order—any previous warrant sought or issued under this Division in connection with the same alleged offence or the same recovery order.

the likely value of the information sought to be obtained in determining whether to apply for the post-sentence order; and

any previous application for a surveillance device warrant sought or issued to determine whether to apply for a post-sentence order in relation to the person.

the likely value of the information sought to be obtained in determining whether to apply for the Part 9.10 order; and

any previous application for a surveillance device warrant sought or issued to determine whether to apply for a Part 9.10 order in relation to the person.

the likely value of the information sought to be obtained, in:

achieving a Part 5.3 object; or

determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and

whether the use of the surveillance device in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person’s privacy; and

if the order is a control order:

the possibility that the person has engaged, is engaging, or will engage, in a terrorist act; or

the possibility that the person has provided, is providing, or will provide, support for a terrorist act; or

the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act; or

the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; and

if the order is an extended supervision order or interim supervision order—the possibility that the person has committed, is committing, or will commit, a serious Part 5.3 or 5.3A offence; and

in relation to any Part 5.3 supervisory order—the possibility that the person has contravened, is contravening, or will contravene, the order or a succeeding Part 5.3 supervisory order; and

any previous surveillance device warrant sought or issued on the basis of a Part 5.3 supervisory order that is or was in force in relation to the person.

the likely value of the information sought to be obtained, in:

achieving a Part 9.10 object; or

determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and

whether the use of the surveillance device in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person’s privacy; and

the possibility that the person has committed, is committing, or will commit, a serious violent or sexual offence; and

the possibility that the person has contravened, is contravening, or will contravene, the community safety supervision order or a succeeding community safety supervision order; and

any previous surveillance device warrant sought or issued on the basis of a community safety supervision order that is or was in force in relation to the person.

state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 16(1) and has had regard to the matters referred to in subsections 16(2), (3), (3A), (4) and (5) (as the case requires); and

specify:

the name of the applicant; and

if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and

if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and

if the warrant relates to an international assistance authorisation—each offence to which the authorisation relates; and

if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and

the date the warrant is issued; and

the surveillance device or devices authorised to be used; and

if the warrant authorises the use of a surveillance device on premises—the premises on which the use of the surveillance device is authorised; and

if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of object in or on which the use of the surveillance device is authorised; and

if the warrant authorises the use of a surveillance device in respect of the conversations, activities or location of a person—the name of the person (if known) or the fact that the person’s identity is unknown; and

the period during which the warrant is in force (see subsection (1A)); and

the name of the law enforcement officer primarily responsible for executing the warrant; and

any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant.

(1AA) If a surveillance device warrant is issued to determine whether to apply for a post-sentence order in relation to a person, the warrant must also specify the name of the person.

(1AB) If a warrant is issued on the basis of a Part 5.3 supervisory order that is in force in relation to a person, the warrant must also specify the following details in relation to the order:

the name of the person;

the date the order was made;

if (disregarding section 6C) the order is not already in force and the order is not an interim control order—when the order comes into force;

whether the order is:

an interim control order; or

a confirmed control order; or

an interim supervision order; or

an extended supervision order.

(1AC) If a surveillance device warrant is issued to determine whether to apply for a Part 9.10 order in relation to a person, the warrant must also specify the name of the person.

(1AD) If a warrant is issued on the basis of a community safety supervision order that is in force in relation to a person, the warrant must also specify the following details in relation to the order:

the name of the person;

the date the order was made;

if (disregarding section 6E) the order is not already in force—when the order comes into force.

for a period of no more than 90 days; or

if the warrant is issued for the purposes of an integrity operation—for a period of no more than 21 days.

inform the applicant of:

the terms of the warrant; and

the date on which and the time at which the warrant was issued; and

give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.

the use of a surveillance device on specified premises;

the use of a surveillance device in or on a specified object or class of object;

the use of a surveillance device in respect of the conversations, activities or location of a specified person or a person whose identity is unknown.

for a warrant of a kind referred to in paragraph (1)(a):

the installation, use and maintenance of a surveillance device of the kind specified in the warrant on the specified premises; and

the entry, by force if necessary, onto the premises, and onto other specified premises adjoining or providing access to the premises, for any of the purposes referred to in subparagraph (i) or subsection (3); and

for a warrant of a kind referred to in paragraph (1)(b):

the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on the specified object or an object of the specified class; and

the entry, by force if necessary, onto any premises where the object, or an object of the class, is reasonably believed to be or is likely to be, and onto other premises adjoining or providing access to those premises, for any of the purposes referred to in subparagraph (i) or subsection (3); and

for a warrant of a kind referred to in paragraph (1)(c):

the installation, use and maintenance of a surveillance device of the kind specified in the warrant, on premises where the person is reasonably believed to be or likely to be; and

the entry, by force if necessary, onto the premises, or other premises adjoining or providing access to those premises, for any of the purposes referred to in subparagraph (i) or subsection (3).

the retrieval of the surveillance device; and

the installation, use, maintenance and retrieval of enhancement equipment in relation to the surveillance device; and

the temporary removal of an object or vehicle from premises for the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the object or vehicle to the premises; and

the breaking open of anything for the installation, maintenance or retrieval of the surveillance device or enhancement equipment; and

the connection of the surveillance device or enhancement equipment to any source of electricity and the use of electricity from that source to operate the device or equipment; and

the connection of the surveillance device or enhancement equipment to any object or system that may be used to transmit information in any form and the use of that object or system in connection with the operation of the device or equipment; and

the provision of assistance or technical expertise to the law enforcement officer primarily responsible for the execution of the warrant in the installation, use, maintenance or retrieval of the surveillance device or enhancement equipment.

for an extension of the warrant for a period of no more than:

90 days after the day the warrant would otherwise expire; or

if the warrant is issued for the purposes of an integrity operation—21 days after the day the warrant would otherwise expire; or

for a variation of any of the other terms of the warrant.

an eligible Judge or nominated ART member revokes a warrant; and

at the time of the revocation, a law enforcement officer is executing the warrant;

the law enforcement officer is not subject to any civil or criminal liability for any act done in the proper execution of that warrant before the officer is made aware of the revocation.

the surveillance device warrant has been sought by or on behalf of a law enforcement officer; and

the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that:

the use of a surveillance device under the warrant is no longer required for the purpose for which it was sought; or

without limiting subparagraph (i), if the warrant was sought for the purposes of an integrity operation—the integrity authority for the integrity operation is no longer in effect; and

the warrant was not issued to determine whether to apply for a post-sentence order; and

the warrant was not issued to determine whether to apply for a Part 9.10 order;

the chief officer must (subject to subsections (3) and (3A)), in addition to revoking the warrant under section 20, take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued.

use of a surveillance device under the warrant is no longer required for the purpose for which the warrant was issued; or

without limiting paragraph (a), if the warrant was sought for the purposes of an integrity operation—the integrity authority for the integrity operation is no longer in effect;

the officer must (subject to subsections (6) and (7)) immediately inform the chief officer of the law enforcement agency to which the officer belongs or is seconded.

was lawfully installed on premises, or in or on an object, under:

a surveillance device warrant; or

a tracking device authorisation; and

the law enforcement officer suspects on reasonable grounds is still on those premises or in or on that object, or on other premises or in or on another object.

the immediate retrieval of a surveillance device is necessary; and

it is impracticable for an affidavit to be prepared or sworn before the application for a retrieval warrant is made;

the application may be made before an affidavit is prepared or sworn.

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours following the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member who determined the application, whether or not a warrant has been issued.

that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and

in the case of a remote application—that it would have been impracticable for the application to have been made in person.

the extent to which the privacy of any person is likely to be affected; and

the public interest in retrieving the device sought to be retrieved.

state that the eligible Judge or nominated ART member is satisfied of the matters referred to in subsection 24(1) and has had regard to the matters referred to in subsection 24(2); and

specify:

the name of the applicant; and

the date the warrant is issued; and

the kind of surveillance device authorised to be retrieved; and

the premises or object from which the surveillance device is to be retrieved; and

the period (not exceeding 90 days) during which the warrant is in force; and

the name of the law enforcement officer primarily responsible for executing the warrant; and

any conditions subject to which premises may be entered under the warrant.

inform the applicant of:

the terms of the warrant; and

the date on which and the time at which the warrant was issued; and

give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.

the retrieval of the surveillance device specified in the warrant and any enhancement equipment in relation to the device; and

the entry, by force if necessary, onto the premises where the surveillance device is reasonably believed to be, and onto other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and

the breaking open of any thing for the purpose of retrieving the device and equipment; and

if the device or equipment is installed on or in an object or vehicle—the temporary removal of the object or vehicle from any place where it is situated for the purpose of retrieving the device and equipment and returning the object or vehicle to that place; and

the provision of assistance or technical expertise to the law enforcement officer named in the warrant in the retrieval of the device or equipment.

one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and

an investigation into those offences is being, will be, or is likely to be, conducted; and

(c) access to data held in a computer (the target computer) is necessary, in the course of that investigation, for the purpose of enabling evidence to be obtained of:

the commission of those offences; or

the identity or location of the offenders.

a recovery order is in force; and

(b) the law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) may assist in the location and safe recovery of the child to whom the recovery order relates.

Warrants sought for international assistance investigations

is authorised to do so under an international assistance authorisation; and

(b) suspects on reasonable grounds that access to data held in a computer (the target computer) is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

the commission of an offence to which the authorisation relates; or

the identity or location of the persons suspected of committing the offence.

Warrants sought for integrity operations

an integrity authority is in effect authorising an integrity operation in relation to an offence that it is suspected has been, is being or is likely to be committed by a staff member of a target agency; and

(b) the federal law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) will assist the conduct of the integrity operation by enabling evidence to be obtained relating to the integrity, location or identity of any staff member of the target agency.

Warrants sought for post-sentence order applications

a person is a terrorist offender in relation to whom an application for a post-sentence order could be made; and

the person is detained in custody in a prison; and

the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious Part 5.3 or 5.3A offence; and

consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post-sentence order in relation to the person; and

(e) the officer suspects on reasonable grounds that access to data held in a computer (the target computer) would be likely to assist in determining whether to apply for the post-sentence order.

Warrants sought for Part 9.10 order applications

a person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and

the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious violent or sexual offence; and

consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and

(d) the officer suspects on reasonable grounds that access to data held in a computer (the target computer) would be likely to assist in determining whether to apply for the Part 9.10 order.

Warrants sought for Part 5.3 supervisory orders

a Part 5.3 supervisory order is in force in relation to a person; and

(b) the officer suspects on reasonable grounds that access to data held in a computer (the target computer) to obtain information relating to the person would be likely to substantially assist in:

achieving a Part 5.3 object; or

determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.

Warrants sought for community safety supervision orders

a community safety supervision order is in force in relation to a person; and

(b) the officer suspects on reasonable grounds that access to data held in a computer (the target computer) to obtain information relating to the person would be likely to substantially assist in:

achieving a Part 9.10 object; or

determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.

Procedure for making applications

must specify:

the name of the applicant; and

the nature and duration of the warrant sought; and

subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

Unsworn applications—warrants sought for offence investigations

immediate access to data held in the target computer referred to in subsection (1) is necessary as described in paragraph (1)(c); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for a warrant under subsection (1) may be made before an affidavit is prepared or sworn.

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Unsworn applications—warrants sought for recovery orders

immediate access to data held in the target computer referred to in subsection (3) may assist as described in paragraph (3)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for a warrant under subsection (3) may be made before an affidavit is prepared or sworn.

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Unsworn applications—warrants sought for Part 5.3 supervisory orders

immediate access to data held in the target computer referred to in subsection (6) would be likely to substantially assist as described in paragraph (6)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for a warrant under subsection (6) may be made before an affidavit is prepared or sworn.

Unsworn applications—warrants sought for community safety supervision orders

immediate access to data held in the target computer referred to in subsection (6A) would be likely to substantially assist as described in paragraph (6A)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for a warrant under subsection (6A) may be made before an affidavit is prepared or sworn.

Applicant must provide information

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Target computer

a particular computer;

a computer on particular premises;

a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).

in the case of a warrant sought in relation to a relevant offence—that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought in relation to a recovery order—that such an order is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought in relation to an international assistance authorisation—that such an authorisation is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought for the purposes of an integrity operation—that the integrity authority for the operation is in effect, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 27A(5)(a) and (b)); and

in the case of a computer access warrant sought to determine whether to apply for a post-sentence order—that the conditions in paragraphs 27A(5A)(a), (b) and (d) are met, and there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 27A(5A)(c) and (e)); and

in the case of a computer access warrant sought to determine whether to apply for a Part 9.10 order—that the conditions in paragraphs 27A(5B)(a) and (c) are met, and there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 27A(5B)(b) and (d)); and

in the case of a computer access warrant sought in relation to a Part 5.3 supervisory order that is in force in relation to a person—that the order is in force in relation to the person, and there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 27A(6)(b)); and

in the case of a computer access warrant sought in relation to a community safety supervision order that is in force in relation to a person—that the order is in force in relation to the person, and there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 27A(6A)(b)); and

in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and

in the case of a remote application—that it would have been impracticable for the application to have been made in person.

in the case of a warrant sought in relation to a relevant offence or an international assistance authorisation, or for the purposes of an integrity operation—the nature and gravity of the alleged offence; and

in the case of a warrant sought to assist in the location and safe recovery of a child to whom a recovery order relates—the circumstances that gave rise to the making of the order; and

the extent to which the privacy of any person is likely to be affected; and

the existence of any alternative means of obtaining the evidence or information sought to be obtained; and

in the case of a warrant sought in relation to a relevant offence or a recovery order, or for the purposes of an integrity operation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained; and

in the case of a warrant sought in relation to an international assistance authorisation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained, to the extent that this is possible to determine from information obtained from the international entity to which the authorisation relates; and

in the case of a warrant sought in relation to a relevant offence or a recovery order—any previous warrant sought or issued under this Division in connection with the same alleged offence or the same recovery order.

the likely value of the information sought to be obtained in determining whether to apply for the post-sentence order; and

any previous application for a computer access warrant sought or issued to determine whether to apply for a post-sentence order in relation to the person.

the likely value of the information sought to be obtained, in:

achieving a Part 5.3 object; or

determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and

whether the access to the data in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person’s privacy; and

if the order is a control order:

the possibility that the person has engaged, is engaging, or will engage, in a terrorist act; or

the possibility that the person has provided, is providing, or will provide, support for a terrorist act; or

the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act; or

the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; and

if the order is an extended supervision order or interim supervision order—the possibility that the person has committed, is committing, or will commit, a serious Part 5.3 or 5.3A offence; and

in relation to any Part 5.3 supervisory order—the possibility that the person has contravened, is contravening, or will contravene, the order or a succeeding Part 5.3 supervisory order; and

any previous computer access warrant sought or issued on the basis of a Part 5.3 supervisory order that is or was in force in relation to the person.

the likely value of the information sought to be obtained in determining whether to apply for the Part 9.10 order; and

any previous application for a computer access warrant sought or issued to determine whether to apply for a Part 9.10 order in relation to the person.

the likely value of the information sought to be obtained, in:

achieving a Part 9.10 object; or

determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and

whether the access to the data in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person’s privacy; and

the possibility that the person has committed, is committing, or will commit, a serious violent or sexual offence; and

the possibility that the person has contravened, is contravening, or will contravene, the community safety supervision order or a succeeding community safety supervision order; and

any previous computer access warrant sought or issued on the basis of a community safety supervision order that is or was in force in relation to the person.

state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 27C(1) and has had regard to the matters referred to in subsections 27C(2), (3), (4), (5) and (6) (as the case requires); and

specify:

the name of the applicant; and

if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and

if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and

if the warrant relates to an international assistance authorisation—each offence to which the authorisation relates; and

if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and

the date the warrant is issued; and

if the target computer is or includes a particular computer—the computer; and

if the target computer is or includes a computer on particular premises—the premises; and

if the target computer is or includes a computer associated with, used by or likely to be used by, a person—the person (whether by name or otherwise); and

the period during which the warrant is in force (see subsection (3)); and

the name of the law enforcement officer primarily responsible for executing the warrant; and

any conditions subject to which things may be done under the warrant.

the name of the person;

the date the Part 5.3 supervisory order was made;

if (disregarding section 6C) the order is not already in force and the order is not an interim control order—when the order comes into force;

whether the order is:

an interim control order; or

a confirmed control order; or

an interim supervision order; or

an extended supervision order.

the name of the person;

the date the community safety supervision order was made;

if (disregarding section 6E) the order is not already in force—when the order comes into force.

for a period of no more than 90 days; or

if the warrant is issued for the purposes of an integrity operation—for a period of no more than 21 days.

inform the applicant of:

the terms of the warrant; and

the date on which, and the time at which, the warrant was issued; and

give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.

entering specified premises for the purposes of doing the things mentioned in this subsection;

entering any premises for the purposes of gaining entry to, or exiting, the specified premises;

using:

the target computer; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of obtaining access to data (the relevant data) that is held in the target computer at any time while the warrant is in force, in order to determine whether the relevant data is covered by the warrant;

if necessary to achieve the purpose mentioned in paragraph (c)—adding, copying, deleting or altering other data in the target computer;

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

using any other computer or a communication in transit to access the relevant data; and

if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;

removing a computer or other thing from premises for the purposes of doing any thing specified in the warrant in accordance with this subsection, and returning the computer or other thing to the premises;

copying any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant data is covered by the warrant; or

is covered by the warrant;

intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing specified in the warrant in accordance with this subsection;

any other thing reasonably incidental to any of the above.

a computer access warrant authorises the removal of a computer or other thing from premises as mentioned in paragraph (2)(f); and

a computer or thing is removed from the premises in accordance with the warrant;

the computer or thing must be returned to the premises within a reasonable period.

access has been obtained to data; and

the data is subject to a form of electronic protection;

the data is taken to be relevant for the purposes of determining whether the relevant data is covered by the warrant.

When data is covered by a warrant

in the case of a warrant sought in relation to a relevant offence—access to the data is necessary as described in paragraph 27A(1)(c); or

in the case of a warrant sought in relation to a recovery order—access to the data may assist as described in paragraph 27A(3)(b); or

in the case of a warrant sought in relation to an international assistance authorisation—access to the data is necessary as described in paragraph 27A(4)(b); or

in the case of a warrant sought for the purposes of an integrity operation—access to the data will assist as described in paragraph 27A(5)(b); or

in the case of a warrant sought to determine whether to apply for a post-sentence order—access to the data would be likely to assist as described in paragraph 27A(5A)(e); or

in the case of a warrant issued on the basis of a Part 5.3 supervisory order that is in force in relation to a person—access to the data would be likely to substantially assist as described in paragraph 27A(6)(b); or

in the case of a warrant sought to determine whether to apply for a Part 9.10 order—access to the data would be likely to assist as described in paragraph 27A(5B)(d); or

in the case of a warrant issued on the basis of a community safety supervision order that is in force in relation to a person—access to the data would be likely to substantially assist as described in paragraph 27A(6A)(b).

Certain acts not authorised

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

cause any other material loss or damage to other persons lawfully using a computer.

Warrant must provide for certain matters

authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and

if the warrant authorises entering premises—state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Concealment of access etc.

a computer access warrant; or

this subsection;

then, in addition to the things specified in the warrant, the warrant authorises the doing of any of the following:

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant or under this subsection;

entering any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);

entering any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);

removing the computer or another thing from any place where it is situated for the purposes of doing the things mentioned in paragraph (c), and returning the computer or other thing to that place;

if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:

using any other computer or a communication in transit to do those things; and

if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;

intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;

any other thing reasonably incidental to any of the above;

at the following time:

at any time while the warrant is in force or within 28 days after it ceases to be in force;

if none of the things mentioned in paragraph (c) are done within the 28-day period mentioned in paragraph (j)—at the earliest time after that 28-day period at which it is reasonably practicable to do the things mentioned in paragraph (c).

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the doing of the thing is necessary to do one or more of the things specified in subsection (7); or

cause any other material loss or damage to other persons lawfully using a computer.

for an extension of the warrant for a period of no more than:

90 days after the day the warrant would otherwise expire; or

if the warrant is issued for the purposes of an integrity operation—21 days after the day the warrant would otherwise expire; or

for a variation of any of the other terms of the warrant.

an eligible Judge or nominated ART member revokes a warrant; and

at the time of the revocation, a law enforcement officer is executing the warrant;

the law enforcement officer is not subject to any civil or criminal liability for any act done in the proper execution of that warrant before the officer is made aware of the revocation.

the computer access warrant has been sought by or on behalf of a law enforcement officer; and

the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that:

access to data under the warrant is no longer required for the purpose for which it was sought; or

without limiting subparagraph (i), if the warrant was sought for the purposes of an integrity operation—the integrity authority for the integrity operation is no longer in effect; and

the warrant was not issued to determine whether to apply for a post-sentence order; and

the warrant was not issued to determine whether to apply for a Part 9.10 order;

the chief officer must (subject to subsections (3) and (4)), in addition to revoking the warrant under section 27G, take the steps necessary to ensure that access to data authorised by the warrant is discontinued.

access to data under the warrant is no longer necessary for the purpose for which it was sought; or

without limiting paragraph (a), if the warrant was sought for the purposes of an integrity operation—the integrity authority for the integrity operation is no longer in effect;

the law enforcement officer must (subject to subsection (10)) immediately inform the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded.

one or more relevant offences of a particular kind have been, are being, are about to be, or are likely to be, committed; and

(b) those offences involve, or are likely to involve, data held in a computer (the target computer); and

disruption of data held in the target computer is likely to substantially assist in frustrating the commission of one or more relevant offences that:

involve, or are likely to involve, data held in the target computer; and

are of the same kind as the relevant offences referred to in paragraph (a).

Procedure for making applications

must specify:

the name of the applicant; and

the nature and duration of the warrant sought; and

subject to this section, must be supported by an affidavit setting out:

the grounds on which the warrant is sought; and

the things proposed to be authorised by the warrant in accordance with section 27KE; and

an assessment of how disruption of data held in the target computer is likely to substantially assist as described in paragraph (1)(c), to the extent that such an assessment is possible; and

an assessment of the likelihood that disruption of data held in the target computer will substantially assist as described in paragraph (1)(c), to the extent that such an assessment is possible.

Unsworn applications

immediate disruption of data held in the target computer referred to in subsection (1) is likely to substantially assist as described in paragraph (1)(c); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for a warrant under subsection (1) may be made before an affidavit is prepared or sworn.

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Target computer

a particular computer;

a computer on particular premises;

a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).

a law enforcement officer of the Australian Federal Police who is declared, in writing, by the chief officer of the Australian Federal Police to be an endorsing officer of the Australian Federal Police; or

a person who is in a class of law enforcement officers of the Australian Federal Police that is declared, in writing, by the chief officer of the Australian Federal Police to be a class of endorsing officers of the Australian Federal Police.

the law enforcement officer is a superintendent, or a person holding a higher rank, in the Australian Federal Police; and

the chief officer is satisfied that the law enforcement officer has the relevant skills, knowledge and experience to endorse the making of applications for the issue of data disruption warrants; and

the chief officer is satisfied that the law enforcement officer has completed all current internal training requirements relating to endorsing the making of applications for the issue of data disruption warrants.

each person in that class is a superintendent, or a person holding a higher rank, in the Australian Federal Police; and

the chief officer is satisfied that each person in that class has the relevant skills, knowledge and experience to endorse the making of applications for the issue of data disruption warrants; and

the chief officer is satisfied that each person in that class has completed all current internal training requirements relating to endorsing the making of applications for the issue of data disruption warrants.

a law enforcement officer of the Australian Crime Commission who is declared, in writing, by the chief officer of the Australian Crime Commission to be an endorsing officer of the Australian Crime Commission; or

a person who is in a class of law enforcement officers of the Australian Crime Commission that is declared, in writing, by the chief officer of the Australian Crime Commission to be a class of endorsing officers of the Australian Crime Commission.

the law enforcement officer is an executive level member of the staff of the Australian Crime Commission; and

the chief officer is satisfied that the law enforcement officer has the relevant skills, knowledge and experience to endorse the making of applications for the issue of data disruption warrants; and

the chief officer is satisfied that the law enforcement officer has completed all current internal training requirements relating to endorsing the making of applications for the issue of data disruption warrants.

each person in that class is an executive level member of the staff of the Australian Crime Commission; and

the chief officer is satisfied that each person in that class has the relevant skills, knowledge and experience to endorse the making of applications for the issue of data disruption warrants; and

the chief officer is satisfied that each person in that class has completed all current internal training requirements relating to endorsing the making of applications for the issue of data disruption warrants.

that there are reasonable grounds for the suspicion founding the application for the warrant; and

the disruption of data authorised by the warrant is reasonably necessary and proportionate, having regard to the offences referred to in paragraph 27KA(1)(c); and

in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and

in the case of a remote application—that it would have been impracticable for the application to have been made in person.

the nature and gravity of the conduct constituting the offences referred to in paragraph 27KA(1)(c); and

the likelihood that the disruption of data authorised by the warrant will frustrate the commission of the offences referred to in paragraph 27KA(1)(c); and

the existence of any alternative means of frustrating the commission of the offences referred to in paragraph 27KA(1)(c); and

the nature of the things proposed to be authorised by the warrant in accordance with section 27KE; and

the extent to which the execution of the warrant is likely to result in access to, or disruption of, data of persons lawfully using a computer, and any privacy implications (to the extent known) resulting from that access or disruption; and

any steps that are proposed to be taken to avoid or minimise the extent to which the execution of the warrant is likely to impact on persons lawfully using a computer; and

the extent to which the execution of the warrant is likely to cause a person to suffer a temporary loss of:

money; or

digital currency; or

property (other than data);

so far as that matter is known to the eligible Judge or nominated ART member; and

if:

the eligible Judge or nominated ART member believes on reasonable grounds that the data covered by the warrant (within the meaning of section 27KE) is data of a person who is working in a professional capacity as a journalist or of an employer of such a person; and

each of the offences referred to in paragraph 27KA(1)(c) is an offence against a secrecy provision;

whether the public interest in issuing the warrant outweighs:

the public interest in protecting the confidentiality of the identity of the journalist’s source; and

the public interest in facilitating the exchange of information between journalists and members of the public so as to facilitate reporting of matters in the public interest; and

any previous warrant sought or issued under this Division in relation to the alleged relevant offences referred to in paragraph 27KA(1)(c).

whether that conduct amounts to:

an activity against the security of the Commonwealth; or

(ii) an offence against Chapter 5 of the Criminal Code;

whether that conduct amounts to:

an activity against the proper administration of Government; or

(ii) an offence against Chapter 7 of the Criminal Code;

whether that conduct:

causes, or has the potential to cause, serious violence, or serious harm, to a person; or

(ii) amounts to an offence against Chapter 8 of the Criminal Code;

whether that conduct:

causes, or has the potential to cause, a danger to the community; or

(ii) amounts to an offence against Chapter 9 of the Criminal Code;

whether that conduct:

causes, or has the potential to cause, substantial damage to, or loss of, data, property or critical infrastructure; or

(ii) amounts to an offence against Chapter 10 of the Criminal Code;

whether that conduct involves, or is related to, the commission of:

transnational crime; or

serious crime; or

organised crime;

that is not covered by any of the preceding paragraphs.

the communication, divulging or publication of information; or

the production of, or the publication of the contents of, a document.

state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 27KC(1) and has had regard to the matters referred to in subsection 27KC(2); and

specify:

the name of the applicant; and

the alleged relevant offences referred to in paragraph 27KA(1)(c); and

the date the warrant is issued; and

if the target computer is or includes a particular computer—the computer; and

if the target computer is or includes a computer on particular premises—the premises; and

if the target computer is or includes a computer associated with, used by or likely to be used by, a known person—the person (whether by name or otherwise); and

the period during which the warrant is in force (see subsection (2)); and

the name of the law enforcement officer primarily responsible for executing the warrant; and

any conditions subject to which things may be done under the warrant.

inform the applicant of:

the terms of the warrant; and

the date on which, and the time at which, the warrant was issued; and

give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.

entering specified premises for the purposes of doing the things mentioned in this subsection;

entering any premises for the purposes of gaining entry to, or exiting, the specified premises;

using:

the target computer; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the following purposes:

(v) obtaining access to data (the relevant data) that is held in the target computer at any time while the warrant is in force, in order to determine whether the relevant data is covered by the warrant;

disrupting the relevant data at any time while the warrant is in force, if doing so is likely to assist in frustrating the commission of one or more relevant offences covered by the warrant;

if necessary to achieve the purpose mentioned in subparagraph (c)(v) or (vi)—adding, copying, deleting or altering other data in the target computer;

if, having regard to other methods (if any) of obtaining access to, or disrupting, the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

using any other computer or a communication in transit to access or disrupt the relevant data; and

if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;

removing a computer or other thing from premises for the purposes of doing any thing specified in the warrant in accordance with this subsection, and returning the computer or other thing to the premises;

copying any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant data is covered by the warrant; or

is covered by the warrant;

intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing specified in the warrant in accordance with this subsection;

any other thing reasonably incidental to any of the above.

a data disruption warrant authorises the removal of a computer or other thing from premises as mentioned in paragraph (2)(f); and

a computer or thing is removed from the premises in accordance with the warrant;

the computer or thing must be returned to the premises as soon as is reasonably practicable to do so once the computer or thing is no longer required for the purposes of doing any thing authorised by the warrant.

access has been obtained to data; and

the data is subject to a form of electronic protection;

the data is taken to be relevant for the purposes of determining whether the relevant data is covered by the warrant.

When data is covered by a warrant

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

cause any other material loss or damage to other persons lawfully using a computer, unless the loss or damage is reasonably necessary, and proportionate, to do one or more of the things specified in the warrant.

Warrant must provide for certain matters

authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and

if the warrant authorises entering premises—state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Concealment of access etc.

a data disruption warrant; or

this subsection;

then, in addition to the things specified in the warrant, the warrant authorises the doing of any of the following:

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant or under this subsection;

entering any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);

entering any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);

removing the computer or another thing from any place where it is situated for the purposes of doing the things mentioned in paragraph (c), and returning the computer or other thing to that place;

if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:

using any other computer or a communication in transit to do those things; and

if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;

intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;

any other thing reasonably incidental to any of the above;

at the following time:

at any time while the warrant is in force or within 28 days after it ceases to be in force;

if none of the things mentioned in paragraph (c) are done within the 28-day period mentioned in paragraph (j)—at the earliest time after that 28-day period at which it is reasonably practicable to do the things mentioned in paragraph (c).

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the doing of the thing is necessary to do one or more of the things specified in subsection (9); or

cause any other material loss or damage to other persons lawfully using a computer, unless the loss or damage is reasonably necessary, and proportionate, to do one or more of the things specified in the warrant or authorised by subsection (9).

the warrant must not be executed in a manner that results in loss or damage to data unless the damage is reasonably necessary, and proportionate, to do one or more of the things specified in the warrant or authorised by subsection (9);

the warrant must not be executed in a manner that causes a person to suffer a permanent loss of:

money; or

digital currency; or

property (other than data).

for an extension of the warrant for a period of no more than 90 days after the day the warrant would otherwise expire; or

for a variation of any of the other terms of the warrant.

an eligible Judge or nominated ART member revokes a warrant; and

at the time of the revocation, a law enforcement officer is executing the warrant;

the law enforcement officer is not subject to any civil or criminal liability for any act done in the proper execution of that warrant before the officer is made aware of the revocation.

the data disruption warrant has been sought by or on behalf of a law enforcement officer; and

the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that access to, and disruption of, data under the warrant is no longer required for the purposes referred to in paragraph 27KA(1)(c);

the chief officer must, in addition to revoking the warrant under section 27KG, take the steps necessary to ensure that access to, and disruption of, data authorised by the warrant is discontinued.

a group of individuals is a criminal network of individuals; and

(b) access to data held in a computer (the target computer) that is, from time to time, used, or likely to be used, by any of the individuals in the group will substantially assist in the collection of intelligence that:

relates to the group or to any of the individuals in the group; and

is relevant to the prevention, detection or frustration of one or more kinds of relevant offences.

the identities of the individuals in the group can be ascertained; or

the target computer can be identified; or

the location of the target computer can be identified; or

there are likely to be changes, from time to time, in the composition of the group.

Procedure for making applications

must specify:

the name of the applicant; and

the nature and duration of the warrant sought; and

subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

Unsworn applications

immediate access to data held in the target computer referred to in subsection (1) will substantially assist as described in paragraph (1)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made by the chief officer;

an application by the chief officer for a warrant under subsection (1) may be made before an affidavit is prepared or sworn.

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

Target computer

must be a computer that is, from time to time, used or likely to be used by an individual (whose identity may or may not be known); and

may be one or more of the following:

a particular computer;

a computer that is, from time to time, on particular premises.

that there are reasonable grounds for the suspicion founding the application for the warrant; and

that the issue of the warrant is justified and proportionate, having regard to the kinds of offences in relation to which information will be obtained under the warrant; and

in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and

in the case of a remote application—that it would have been impracticable for the application to have been made in person.

the nature and gravity of the conduct constituting the kinds of offences in relation to which information will be obtained under the warrant; and

the extent to which access to data under the warrant will assist in the collection of intelligence that:

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

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

the likely intelligence value of any information sought to be obtained; and

whether the things authorised by the warrant are proportionate to the likely intelligence value of any information sought to be obtained; and

the existence of any alternative, or less intrusive, means of obtaining the information sought to be obtained; and

the extent to which the execution of the warrant is likely to result in access to data of persons who are lawfully using a computer, and any privacy implications (to the extent known to the eligible Judge or nominated ART member) resulting from that access; and

if:

the eligible Judge or nominated ART member believes on reasonable grounds that the data covered by the warrant (within the meaning of section 27KP) is data of a person who is working in a professional capacity as a journalist or of an employer of such a person; and

each of the offences referred to in paragraph 27KK(1)(b) is an offence against a secrecy provision;

whether the public interest in issuing the warrant outweighs:

the public interest in protecting the confidentiality of the identity of the journalist’s source; and

the public interest in facilitating the exchange of information between journalists and members of the public so as to facilitate reporting of matters in the public interest; and

any previous warrant sought or issued under this Division in relation to the group referred to in paragraph 27KK(1)(a).

whether that conduct amounts to:

an activity against the security of the Commonwealth; or

(ii) an offence against Chapter 5 of the Criminal Code;

whether that conduct amounts to:

an activity against the proper administration of Government; or

(ii) an offence against Chapter 7 of the Criminal Code;

whether that conduct:

causes, or has the potential to cause, serious violence, or serious harm, to a person; or

(ii) amounts to an offence against Chapter 8 of the Criminal Code;

whether that conduct:

causes, or has the potential to cause, a danger to the community; or

(ii) amounts to an offence against Chapter 9 of the Criminal Code;

whether that conduct:

causes, or has the potential to cause, substantial damage to, or loss of, data, property or critical infrastructure; or

(ii) amounts to an offence against Chapter 10 of the Criminal Code;

whether that conduct involves, or is related to, the commission of:

transnational crime; or

serious crime; or

organised crime;

that is not covered by any of the preceding paragraphs.

notify the issue of the warrant to the Inspector-General of Intelligence and Security; and

do so within 7 days after the issue of the warrant.

the communication, divulging or publication of information; or

the production of, or the publication of the contents of, a document.

state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 27KM(1) and has had regard to the matters referred to in subsection 27KM(2); and

specify:

the name of the applicant; and

the kinds of relevant offences in respect of which the warrant is issued; and

the criminal network of individuals to which the warrant relates; and

the date the warrant is issued; and

the period during which the warrant is in force (see subsection (2)); and

the name of the law enforcement officer primarily responsible for executing the warrant; and

any conditions subject to which things may be done under the warrant; and

if the warrant authorises the use of a surveillance device—specify:

the surveillance device authorised to be used; and

the purpose or purposes for which the surveillance device may be used under the warrant.

inform the applicant of:

the terms of the warrant; and

the date on which, and the time at which, the warrant was issued; and

give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.

entering specified premises for the purposes of doing the things mentioned in this subsection;

entering any premises for the purposes of gaining entry to, or exiting, the specified premises;

using:

the target computer; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of obtaining access to data (the relevant data) that is held in the target computer at any time while the warrant is in force, in order to determine whether the relevant data is covered by the warrant;

if necessary to achieve the purpose mentioned in paragraph (c)—adding, copying, deleting or altering other data in the target computer;

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

using any other computer or a communication in transit to access the relevant data; and

if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;

removing a computer or other thing from premises for the purposes of doing any thing specified in the warrant in accordance with this subsection, and returning the computer or other thing to the premises;

copying any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant data is covered by the warrant; or

is covered by the warrant;

intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing specified in the warrant in accordance with this subsection;

using a surveillance device for the purposes of doing any thing specified in the warrant in accordance with this subsection;

any other thing reasonably incidental to any of the above.

a network activity warrant authorises the removal of a computer or other thing from premises as mentioned in paragraph (2)(f); and

a computer or thing is removed from the premises in accordance with the warrant;

the computer or thing must be returned to the premises as soon as is reasonably practicable to do so once the computer or thing is no longer required for the purposes of doing any thing authorised by the warrant.

access has been obtained to data; and

the data is subject to a form of electronic protection;

the data is taken to be relevant for the purposes of determining whether the relevant data is covered by the warrant.

When data is covered by a warrant

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

cause any other material loss or damage to other persons lawfully using a computer.

Warrant must provide for certain matters

authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and

if the warrant authorises entering premises—state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Concealment of access etc.

a network activity warrant; or

this subsection;

then, in addition to the things specified in the warrant, the warrant authorises the doing of any of the following:

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant or under this subsection;

entering any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);

entering any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);

removing the computer or another thing from any place where it is situated for the purposes of doing the things mentioned in paragraph (c), and returning the computer or other thing to that place;

if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:

using any other computer or a communication in transit to do those things; and

if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;

intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;

using a surveillance device, if the use is for the purposes of doing any thing mentioned in this subsection;

any other thing reasonably incidental to any of the above;

at the following time:

at any time while the warrant is in force or within 28 days after it ceases to be in force;

if none of the things mentioned in paragraph (c) are done within the 28-day period mentioned in paragraph (k)—at the earliest time after that 28-day period at which it is reasonably practicable to do the things mentioned in paragraph (c).

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the doing of the thing is necessary to do one or more of the things specified in subsection (8); or

cause any other material loss or damage to other persons lawfully using a computer.

for an extension of the warrant for a period of no more than 90 days after the day the warrant would otherwise expire; or

for a variation of any of the other terms of the warrant.

notify the extension or variation to the Inspector-General of Intelligence and Security; and

do so within 7 days after the extension or variation.

if the warrant was issued in response to an application made by the chief officer of the Australian Federal Police—the chief officer of the Australian Federal Police must, by instrument in writing, revoke the warrant; or

if the warrant was issued in response to an application made by the chief officer of the Australian Crime Commission—the chief officer of the Australian Crime Commission must, by instrument in writing, revoke the warrant.

if the warrant was issued in response to an application made by the chief officer of the Australian Federal Police—the chief officer of the Australian Federal Police; or

if the warrant was issued in response to an application made by the chief officer of the Australian Crime Commission—the chief officer of the Australian Crime Commission.

an eligible Judge or nominated ART member revokes a warrant; and

at the time of the revocation, a law enforcement officer is executing the warrant;

the law enforcement officer is not subject to any civil or criminal liability for any act done in the proper execution of that warrant before the officer is made aware of the revocation.

a network activity warrant was issued in response to an application made by the chief officer of the Australian Federal Police or the Australian Crime Commission; and

an eligible Judge or nominated ART member revokes the warrant;

the chief officer must:

notify the revocation to the Inspector-General of Intelligence and Security; and

do so within 7 days after the revocation.

notify the revocation to the Inspector-General of Intelligence and Security; and

do so within 7 days after the revocation.

the warrant was sought by the chief officer of the Australian Federal Police or the Australian Crime Commission; and

the chief officer is satisfied that access to data under the warrant is no longer required for the purpose referred to in paragraph 27KK(1)(b);

the chief officer must, in addition to revoking the warrant under section 27KR, take the steps necessary to ensure that access to data authorised by the warrant is discontinued.

the warrant was sought by the chief officer of the Australian Federal Police or the Australian Crime Commission; and

the chief officer is notified that the warrant has been revoked by an eligible Judge or a nominated ART member under section 27KR;

the chief officer must take the steps necessary to ensure that access to data authorised by the warrant is discontinued as soon as practicable.