Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (148 of 2018)

Schedule 2   Computer access warrants etc.

Part 3   Amendments contingent on the commencement of the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018

Surveillance Devices Act 2004

137   Subsection 27A(4)

Repeal the subsection, substitute:

Warrants sought for international assistance investigations

(4) A law enforcement officer (or a person on the officer's behalf) may apply for the issue of a computer access warrant if the officer:

(a) 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:

(i) the commission of an offence to which the authorisation relates; or

(ii) the identity or location of the persons suspected of committing the offence.