AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 27E Authority under identified person warrant--computer access
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 27E
Authority under identified person warrant--computer access(1) This section applies if an identified person warrant in relation to a person (the identified person ) gives conditional approval for the Organisation to access data held in computers.
Things that may be authorised under warrant
(2) Subject to subsection (4), the Attorney - General or the Director - General may, on request, authorise the Organisation to do one or more of the following things under the identified person warrant in relation to a computer (the target computer ):
(a) enter specified premises for the purposes of doing the things authorised under this subsection;
(b) enter any premises for the purposes of gaining entry to or exiting the specified premises;
(ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii) any other electronic equipment; or
for the purpose of obtaining access to data (the relevant data ) that is relevant to the prejudicial activities of the identified person and is held in the target computer at any time while the authorisation is in force and, if necessary to achieve that purpose, add, copy, delete or alter other data in the target computer;
(d) 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:
(i) use any other computer or a communication in transit for the purpose referred to in paragraph (c); and
(ii) if necessary to achieve that purpose--add, copy, delete or alter other data in the computer or the communication in transit;
(da) remove a computer or other thing from premises for the purposes of doing any thing authorised under this subsection, and returning the computer or other thing to the premises;
(e) copy 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;
(ea) intercept a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing authorised under this subsection;
(f) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(g) any other thing reasonably incidental to any of the above.
(3) For the purposes of subsection (2), the target computer may be any one or more of the following:
(b) a computer on particular premises;
(c) a computer associated with, used by or likely to be used by a person (whose identity may or may not be known).
Return of computer or other thing
(a) an authorisation under subsection (2) authorises the removal of a computer or other thing from premises as mentioned in paragraph (2)(da); and
(b) a computer or thing is removed from the premises in accordance with the authorisation;
the computer or thing must be returned to the premises:
(c) if returning the computer or thing would be prejudicial to security--when returning the computer or thing would no longer be prejudicial to security; or
(d) otherwise--within a reasonable period.
(4) The Attorney - General or the Director - General is only to give an authorisation under subsection (2) if the Attorney - General or the Director - General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant in relation to the target computer will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.
(5) Subsection (2) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a) 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 authorised under subsection (2); or
(b) cause any other material loss or damage to other persons lawfully using a computer.
(6) If any thing has been done in relation to a computer under:
(a) a subsection (2) authorisation; or
(b) under this subsection;
the Organisation is authorised to do any of the following:
(c) any thing reasonably necessary to conceal the fact that any thing has been done under the subsection (2) authorisation or under this subsection;
(d) enter any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);
(e) enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);
(f) remove 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;
(g) 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:
(i) use any other computer or a communication in transit to do those things; and
(ii) if necessary to achieve that purpose--add, copy, delete or alter other data in the computer or the communication in transit;
(h) intercept a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;
(i) any other thing reasonably incidental to any of the above;
(j) at any time while the authorisation is in force or within 28 days after it ceases to be in force;
(k) 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).
(7) Subsection (6) does not authorise the doing of a thing that is likely to:
(a) materially interfere with, interrupt or obstruct:
(i) a communication in transit; or
(ii) 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 (6); or
(b) cause any other material loss or damage to other persons lawfully using a computer.
(8) If a computer or another thing is removed from a place in accordance with paragraph (6)(f), the computer or thing must be returned to the place:
(a) if returning the computer or thing would be prejudicial to security--when returning the computer or thing would no longer be prejudicial to security; or
(b) otherwise--within a reasonable period.