Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 2   Main consequential amendments

Surveillance Devices Act 2004

240   Subsection 27A(6)

Repeal the subsection, substitute:

Warrants sought for post-sentence order applications

(5A) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a computer access warrant if:

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

(b) the person is detained in custody in a prison; and

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

(d) 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 5.3 supervisory orders

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

(a) 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:

(i) achieving a Part 5.3 object; or

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

Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6C.