Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 25A

Issue of computer access warrant

             (1)  If the Director‑General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue a warrant in accordance with this section.

Test for issue of warrant

             (2)  The Minister is only to issue the warrant if he or she is satisfied that there are reasonable grounds for believing that access by the Organisation to data held in a particular computer (the target computer ) will substantially assist the collection of intelligence in accordance with this Act in respect of a matter (the security matter ) that is important in relation to security.

Authorisation in warrant

             (3)  The warrant must be signed by the Minister and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the target computer, which must also be specified in the warrant.

Things that may be authorised in warrant

             (4)  The things that may be specified are any of the following that the Minister considers appropriate in the circumstances:

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

                     (a)  using:

                              (i)  a computer; or

                             (ii)  a telecommunications facility operated or provided by the Commonwealth or a carrier; or

                            (iii)  any other electronic equipment; or

                            (iv)  a data storage device;

                            for the purpose of obtaining access to data that is relevant to the security matter and is stored in the target computer and, if necessary to achieve that purpose, adding, deleting or altering other data in the target computer;

                     (b)  copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

                     (c)  any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

                     (d)  any other thing reasonably incidental to any of the above.

Note:          As a result of the warrant, an ASIO officer who, by means of a telecommunications facility, obtains access to data stored in the target computer etc. will not commit an offence under Part 10‑7 of the Criminal Code or equivalent State or Territory laws (provided that the ASIO officer acts within the authority of the warrant).

Certain acts not authorised

             (5)  Subsection (4) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that interferes with, interrupts or obstructs the lawful use of the target computer by other persons, or that causes any loss or damage to other persons lawfully using the target computer.

Authorisation of entry measures

          (5A)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and

                     (b)  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.

Duration of warrant

             (6)  The warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

             (7)  Subsection (6) does not prevent the issue of any further warrant.