Surveillance Devices Act 2004

A law enforcement officer of the Australian Federal Police (or another person on the law enforcement officer’s behalf) may apply for the issue of a data disruption warrant if the law enforcement officer suspects on reasonable grounds that:

one or more relevant offences of a particular kind have been, are being, are about to be, or are likely to be, committed; and

those offences involve, or are likely to involve, data held in a computer (the target computer); and

disruption of data held in the target computer is likely to substantially assist in frustrating the commission of one or more relevant offences that:

involve, or are likely to involve, data held in the target computer; and

are of the same kind as the relevant offences referred to in paragraph (a).

An application under subsection (1) may be made to an eligible Judge or to a nominated ART member.

An application:

must specify:

the name of the applicant; and

the nature and duration of the warrant sought; and

subject to this section, must be supported by an affidavit setting out:

the grounds on which the warrant is sought; and

the things proposed to be authorised by the warrant in accordance with section 27KE; and

an assessment of how disruption of data held in the target computer is likely to substantially assist as described in paragraph (1)(c), to the extent that such an assessment is possible; and

an assessment of the likelihood that disruption of data held in the target computer will substantially assist as described in paragraph (1)(c), to the extent that such an assessment is possible.

If a law enforcement officer believes that:

immediate disruption of data held in the target computer referred to in subsection (1) is likely to substantially assist as described in paragraph (1)(c); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

If subsection (4) applies, the applicant must:

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

The target computer referred to in subsection (1) may be any one or more of the following:

a particular computer;

a computer on particular premises;

a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).