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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 15CC

Requests by foreign countries for assistance in relation to data held in computers

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

  (a)   an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country ) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and

  (b)   the requesting country requests the Attorney - General to arrange for access to data held in a computer (the target computer ); and

  (c)   the requesting country has given appropriate undertakings in relation to:

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

  (2)   The target computer may be any one or more of the following:

  (a)   a particular computer;

  (b)   a computer on particular premises;

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

  (3)   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 item   5 of the table in subsection   6A(6), or in column 3 of item   5 of the table in subsection   6A(7), of the Surveillance Devices Act 2004 .

 


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