Computer access warrants
Schedule 2 allows Commonwealth law enforcement agencies, and State and Territory law enforcement
agencies investigating Commonwealth offences, to apply for computer access warrants in order to search
electronic devices and access content on those devices covertly. These warrants are distinct from traditional
surveillance device warrants, which enable agencies to use software to monitor inputs and outputs from
computers and other devices.

Why is this power needed?
Criminals are increasingly using technology to facilitate their illicit activities. Organised crime groups,
terrorists and paedophiles now operate online with growing sophistication and impunity. Law enforcement
needs new tools to investigate and disrupt these threats.
Rapid changes in technology and the prevalence of encryption have diminished the utility of traditional
investigative powers like telecommunications interception. Law enforcement agencies have lost access to
the intelligible data necessary to conduct investigations, gather evidence, and keep Australians safe.
Over 90 per cent of data being lawfully intercepted by the Australia Federal Police (AFP) uses some form of
encryption. The new computer access warrant will help the AFP and other law enforcement agencies to
adapt to encryption by accessing information at a point where it is not encrypted. It will also allow
enforcement to effectively operate in the online environment.

What can be done under a computer access
warrant?
The things that may be specified in a warrant include:


entering premises for the purposes of executing the warrant



using the target computer, a telecommunications facility, electronic equipment or data storage device
in order to access data to determine whether it is relevant and covered by the warrant



adding, copying, deleting or altering data if necessary to access the data to determine whether it is
relevant and covered by the warrant



using any other computer if necessary to access the data



removing a computer from premises for the purposes of executing the warrant



copying data which has been obtained that is relevant and covered by the warrant



intercepting a communication in order to execute the warrant



any other thing reasonably incidental to the above things.

 A computer access warrant will also authorise the doing of anything reasonably necessary to conceal the
fact that anything has been done in relation to a computer under a computer access warrant.

What are the limitations and safeguards?
Thresholds for relevant offences. A law enforcement officer must have reasonable grounds to suspect
that: a relevant offence has been or will be committed, an investigation is or will be underway, and access to
data is necessary to obtain evidence of the offence or information about the offenders.
Relevant offence: an offence against the law of the Commonwealth that is punishable by
a maximum term of imprisonment of 3 years or more or for life, or an offence against a
law of a State that has a federal aspect and that is punishable by a maximum term of
imprisonment of 3 years of more or for life.

Warrants issued by judges and AAT members. The judge or AAT member must be satisfied of the
grounds of the application. They must consider the:


nature and gravity of the alleged offence



the likely evidentiary or intelligence value of any evidence that might be obtained



any previous warrant sought



the extent to which the privacy of any person is likely to be affected, and



the existence of any alternative means of obtaining the evidence or information.

The things that may be done are limited. The things that can be authorised are specified in the legislation.
The judge or AAT member must consider each thing in the warrant appropriate in the circumstances.
Interference is not authorised. A computer access warrant does not authorise the addition, deletion or
alteration of data except where necessary to execute the warrant.
No material loss or damage. A computer access warrant does not authorise the material loss or damage to
other persons lawfully using a computer except where necessary for concealment.
Warrants must be revoked if no longer required. A law enforcement agency must revoke the warrant if it
is no longer required to obtain evidence of the offence. Access to data must be discontinued.
Information is protected. Unauthorised disclosure of information about, or obtained under, a computer
access warrant is an offence.
Using intercept material will require an interception warrant. Where agencies want to gain intercept
material for its own purpose, they must apply for, and be issued with, an interception warrant under the
Telecommunications (Interception and Access) Act 1979.

How are the powers oversighted?
Reports to the Minister. Law enforcement agencies must report to the Minister for Home Affairs on every
computer access warrant issued. The report must also give details of the benefit to the investigation.
Reports to the public. Agencies must report annually on the number of warrants applied for and issued.

 Record keeping requirements. Agencies must keep records about computer access warrants, including in
relation to decisions to grant, refuse, withdraw or revoke warrants. Agencies must also keep records of how
the information in the warrant has been communicated.
Ombudsman inspections. The Ombudsman must inspect the records of law enforcement agencies to
determine compliance with the law and report the results to the Minister every six months. The Minister must
table Ombudsman reports in the Parliament.