Provision 28(1) amending the Surveillance Devices Act would already authorise data access for any senior officer of the law enforcement agencies.
50 After subsection 28(1) Insert: (1A) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to data held in a computer (the target computer) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that: (a) an imminent risk of serious violence to a person or substantial damage to property exists; and (b) access to data held in the target computer is immediately necessary for the purpose of dealing with that risk; and (c) the circumstances are so serious and the matter is of such urgency that access to data held in the target computer is warranted; and (d) it is not practicable in the circumstances to apply for a computer access warrant. I was pretty gob smacked. Kind regards Paul Wilkins On Wed, 5 Sep 2018 at 12:04, Narelle Clark <narel...@gmail.com> wrote: > Paul B - is that agency explicitly referred to or inferable readily in > the legislation? > > Otherwise Paul W does have a point, there is the potential for the > thus empowered agencies to proliferate as happened in the data > retention system before it was changed. > > > Narelle > > On Wed, Sep 5, 2018 at 11:42 AM Paul Brooks > <pbrooks-aus...@layer10.com.au> wrote: > > On 4/09/2018 6:17 PM, Paul Wilkins wrote: > > > I'd encourage others making submissions to raise the same point. > Government has > > > clearly not considered this dimension, otherwise the first cab off the > rank in the > > > bill's phrasing would be to create a new agency, or identifying a > single agency on > > > which to confer these powers. > > > > No new agency is required - there is already the CAC, now sitting in > Home Affairs, who > > manages existing lawful interception and metadata activities on behalf > of the various > > agencies behind it. I would have thought the CAC would be the 'natural > home' for the > > single-point-of-interface, even though they don't currently (that I know > of) deal with > > device manufacturers. > > > > > > -- > > > Narelle > narel...@gmail.com > _______________________________________________ > AusNOG mailing list > AusNOG@lists.ausnog.net > http://lists.ausnog.net/mailman/listinfo/ausnog >
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