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

Schedule 2   Computer access warrants etc.

Part 1   Amendments

Surveillance Devices Act 2004

66   After subsection 34(2)

Insert:

(2A) Before deciding an application for approval of the giving of an emergency authorisation given in response to an application under subsection 29(1A), the eligible Judge or nominated AAT member considering the application must, in particular, and being mindful of the intrusive nature of accessing data held in the target computer mentioned in that subsection, consider the following:

(a) the urgency of enforcing the recovery order;

(b) the extent to which access to data held in the target computer mentioned in that subsection would assist in the location and safe recovery of the child to whom the recovery order relates;

(c) the extent to which law enforcement officers could have used alternative methods to assist in the location and safe recovery of the child;

(d) how much the use of alternative methods to assist in the location and safe recovery of the child might have prejudiced the effective enforcement of the recovery order;

(e) whether or not it was practicable in the circumstances to apply for a computer access warrant.