Surveillance Devices Act 2004

A law enforcement officer (or another person on the officer’s behalf) may apply for an order (the assistance order) requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the law enforcement officer to do one or more of the following:

access data held in a computer that is the subject of:

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);

copy data held in the computer described in paragraph (a) to a data storage device;

convert into documentary form or another form intelligible to a law enforcement officer:

data held in the computer described in paragraph (a); or

data held in a data storage device to which the data was copied as described in paragraph (b).

The application may be made to:

for an application made by a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or

otherwise—an eligible Judge or a nominated ART member.

In the case of a computer that is the subject of:

a computer access warrant issued in relation to a relevant offence; or

an emergency authorisation given in response to an application under subsection 28(1A);

there are reasonable grounds for suspecting that access to data held in the computer is necessary in the course of the investigation for the purpose of enabling evidence to be obtained of:

the commission of those offences; or

the identity or location of the offenders; and

the specified person is:

reasonably suspected of having committed any of the offences to which the warrant or emergency authorisation relates; or

the owner or lessee of the computer or device; or

an employee of the owner or lessee of the computer or device; or

a person engaged under a contract for services by the owner or lessee of the computer or device; or

a person who uses or has used the computer or device; or

a person who is or was a system administrator for the system including the computer or device; and

the specified person has relevant knowledge of:

the computer or device or a computer network of which the computer or device forms or formed a part; or

measures applied to protect data held in the computer or device.

In the case of a computer that is the subject of:

a computer access warrant issued in relation to a recovery order; or

an emergency authorisation given in response to an application under subsection 29(1A);

there are reasonable grounds for suspecting that access to data held in the computer may assist in the location and safe recovery of the child to whom the recovery order relates; and

the specified person is:

the owner or lessee of the computer; or

an employee of the owner or lessee of the computer; or

a person engaged under a contract for services by the owner or lessee of the computer; or

a person who uses or has used the computer; or

a person who is or was a system administrator for the system including the computer; and

the specified person has relevant knowledge of:

the computer or a computer network of which the computer forms or formed a part; or

measures applied to protect data held in the computer.

In the case of a computer that is the subject of a computer access warrant issued in relation to an international assistance authorisation, the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:

there are reasonable grounds for suspecting that access to data held in the computer is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

the commission of an offence to which the authorisation relates; or

the identity or location of the persons suspected of committing the offence; and

the specified person is:

reasonably suspected of committing an offence to which the authorisation relates; or

the owner or lessee of the computer; or

an employee of the owner or lessee of the computer; or

a person engaged under a contract for services by the owner or lessee of the computer; or

a person who uses or has used the computer; or

a person who is or was a system administrator for the system including the computer; and

the specified person has relevant knowledge of:

the computer or a computer network of which the computer forms or formed a part; or

measures applied to protect data held in the computer.

In the case of a computer that is the subject of a computer access warrant issued in relation to an integrity operation, the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:

there are reasonable grounds for suspecting that access to data held in the computer will assist the conduct of the integrity operation by enabling evidence to be obtained relating to the integrity, location or identity of a particular staff member of the target agency; and

the specified person is:

the staff member; or

the owner or lessee of the computer; or

an employee of the owner or lessee of the computer; or

a person engaged under a contract for services by the owner or lessee of the computer; or

a person who uses or has used the computer; or

a person who is or was a system administrator for the system including the computer; and

the specified person has relevant knowledge of:

the computer or a computer network of which the computer forms or formed a part; or

measures applied to protect data held in the computer.

In the case of a computer that is subject to a Part 5.3 warrant that is a computer access warrant, the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:

there are reasonable grounds for suspecting that access to the data held in the computer would be likely to substantially assist in:

if the computer access warrant was issued to determine whether to apply for a post‑sentence order—determining whether to apply for the post‑sentence order; or

if the computer access warrant was issued on the basis of a Part 5.3 supervisory order that is in force—achieving a Part 5.3 object, or determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and

the specified person is:

if the warrant was issued to determine whether to apply for a post‑sentence order—the person to whom the application relates; or

if the warrant was issued in relation to a Part 5.3 supervisory order that is in force—the subject of the Part 5.3 supervisory order; or

the owner or lessee of the computer; or

an employee of the owner or lessee of the computer; or

a person engaged under a contract for services by the owner or lessee of the computer; or

a person who uses or has used the computer; or

a person who is or was a system administrator for the system including the computer; and

the specified person has relevant knowledge of:

the computer or a computer network of which the computer forms or formed a part; or

measures applied to protect data held in the computer.

In the case of a computer that is subject to a Part 9.10 warrant that is a computer access warrant, the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:

there are reasonable grounds for suspecting that access to the data held in the computer would be likely to substantially assist in:

if the computer access warrant was issued to determine whether to apply for a Part 9.10 order—determining whether to apply for the Part 9.10 order; or

if the computer access warrant was issued on the basis of a community safety supervision order that is in force—achieving a Part 9.10 object, or determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and

the specified person is:

if the warrant was issued to determine whether to apply for a Part 9.10 order—the person to whom the application relates; or

if the warrant was issued in relation to a community safety supervision order that is in force—the subject of the community safety supervision order; or

the owner or lessee of the computer; or

an employee of the owner or lessee of the computer; or

a person engaged under a contract for services by the owner or lessee of the computer; or

a person who uses or has used the computer; or

a person who is or was a system administrator for the system including the computer; and

the specified person has relevant knowledge of:

the computer or a computer network of which the computer forms or formed a part; or

measures applied to protect data held in the computer.

In the case of a computer that is the subject of a network activity warrant, the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:

there are reasonable grounds for suspecting that access to data held in the computer will substantially assist in the collection of intelligence that:

relates to the group referred to in paragraph 27KK(1)(a) or to any of the individuals in the group; and

is relevant to the prevention, detection or frustration of one or more kinds of relevant offences; and

the specified person is:

reasonably suspected of having committed any of the relevant offences in respect of which the warrant was issued; or

the owner or lessee of the computer; or

an employee of the owner or lessee of the computer; or

a person engaged under a contract for services by the owner or lessee of the computer; or

a person who uses or has used the computer; or

a person who is or was a system administrator for the system including the computer; and

the specified person has relevant knowledge of:

the computer or a computer network of which the computer forms or formed a part; or

measures applied to protect data held in the computer.

In the case of a computer that is the subject of an emergency authorisation given in response to an application under subsection 30(1A), the eligible Judge or nominated ART member may grant the assistance order if the eligible Judge or nominated ART member is satisfied that:

there are reasonable grounds for suspecting that access to data held in the computer is necessary to prevent the loss of any evidence relevant to the investigation to which the subsection 30(1A) application relates; and

the specified person is:

reasonably suspected of having committed any of the offences to which the emergency authorisation relates; or

the owner or lessee of the computer or device; or

an employee of the owner or lessee of the computer or device; or

a person engaged under a contract for services by the owner or lessee of the computer or device; or

a person who uses or has used the computer or device; or

a person who is or was a system administrator for the system including the computer or device; and

the specified person has relevant knowledge of:

the computer or device or a computer network of which the computer or device forms or formed a part; or

measures applied to protect data held in the computer or device.

In determining whether the assistance order should be granted, the eligible Judge or nominated ART member must have regard to whether the specified person is, or has been, subject to:

another order under this section; or

an order under section 64B of this Act; or

an order under section 3LA or 3ZZVG of the Crimes Act 1914;

Subsection (7A) does not limit the matters to which the eligible Judge or nominated ART member may have regard.

If an assistance order is granted in relation to a computer that is the subject of a computer access warrant or a network activity warrant, the order ceases to be in force when the warrant ceases to be in force.

If an assistance order is granted in relation to a computer that is the subject of an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A), the order ceases to be in force when the emergency authorisation ceases to be in force.

A person is not subject to any civil liability in respect of an act done by the person:

in compliance with an assistance order; or

in good faith in purported compliance with an assistance order.

A person commits an offence if:

the person is subject to an order under this section; and

the person is capable of complying with a requirement in the order; and

the person omits to do an act; and

the omission contravenes the requirement.