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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 32AA

Authorising applications for computer access warrants

  (1)   The Attorney - General may authorise, in writing, an eligible law enforcement officer to apply for a computer access warrant under section   27A of the Surveillance Devices Act 2004 if:

  (a)   a Tribunal has requested the Attorney - General to arrange for access to data held in a computer (the target computer ); and

  (b)   the Attorney - General is satisfied that a proceeding is before, or an investigation is being conducted by, the Tribunal; and

  (c)   the Attorney - General is satisfied that the Tribunal has given appropriate undertakings for:

  (i)   ensuring that data obtained as a result of the access under the warrant will only be used for the purpose for which it is communicated to the Tribunal; and

  (ii)   the destruction of a document or other thing containing data obtained as a result of access under the warrant; and

  (iii)   any other matter the Attorney - General considers appropriate.

Note:   The eligible law enforcement officer can only apply for the warrant if the officer reasonably suspects that the access to data held in the target computer is necessary for the investigation or proceeding (see subsection   27A(4) of the Surveillance Devices Act 2004 ).

  (2)   In this section:

"computer" has the same meaning as in the Surveillance Devices Act 2004.

"data" has the same meaning as in the Surveillance Devices Act 2004.

"data held in a computer" has the same meaning as in the Surveillance Devices Act 2004.

"eligible law enforcement officer" means a person mentioned in column 3 of table item   5 in subsection   6A(6), or column 3 of table item   5 in subsection   6A(7), of the Surveillance Devices Act 2004.



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