Protection of computer access technologies and methods
47A Protection of computer access technologies and methods
In a proceeding, a person may object to the disclosure of information on the ground that the information, if disclosed, could reasonably be expected to reveal details of computer access technologies or methods.
If the person conducting or presiding over the proceeding is satisfied that the ground of objection is made out, the person may order that the person who has the information not be required to disclose it in the proceeding.
In determining whether or not to make an order under subsection (2), the person conducting or presiding over the proceeding must take into account whether disclosure of the information:
is necessary for the fair trial of the defendant; or
is in the public interest.
Subsection (2) does not affect a provision of another law under which a law enforcement officer cannot be compelled to disclose information or make statements in relation to the information.
If the person conducting or presiding over a proceeding is satisfied that publication of any information disclosed in the proceeding could reasonably be expected to reveal details of computer access technologies or methods, the person must make any orders prohibiting or restricting publication of the information that the person considers necessary to ensure that those details are not revealed.
Subsection (5) does not apply to the extent that the person conducting or presiding over the proceeding considers that the interests of justice require otherwise.
In this section:
computer access technologies or methods means:
technologies or methods relating to the use of:
a computer; or
a telecommunications facility operated or provided by the Commonwealth or a carrier; or
any other electronic equipment; or
a data storage device;
for the purpose of obtaining access to data held in the computer; or
technologies or methods relating to adding, copying, deleting or altering other data in a computer, if doing so is necessary to achieve the purpose mentioned in paragraph (a);
where the technologies or methods have been, or are being, deployed in giving effect to:
a computer access warrant; or
a network activity warrant; or
an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A).
proceeding includes a proceeding before a court, tribunal or Royal Commission.
This Act’s bill:Explanatory memorandum
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