"Modernise and streamline ASIOâ(TM)s warrant provisions" means fixing these perceived problems:
- * if there are multiple computers on a premises, and it is only discovered upon entering the premises for the purpose of executing a warrant that a particular computer is not connected to the computer system specified in the warrant, it would be necessary to seek another warrant
- * A new warrant is required in every instance where there is a significant change in circumstances.
- * warrants under the ASIO Act currently last for a maximum of six months, except for a search warrant which must be executed within 90 days
- * the current provisions in the ASIO Act do not enable a warrant to be extended.
- * In approximately one third of cases more than one ASIO Act warrant type is sought against a particular target. Under the current provisions, this requires the preparation of multiple applications, each reâcasting the available intelligence case to emphasise the relevant facts and grounds to satisfy the different legislative requirements of the various warrant types
- * Subsection 25A(5) currently restricts ASIO from doing anything under a computer access warrant that adds, deletes or alters data or interferes with, interrupts, or obstructs the lawful use of the target computer by other persons
- * it is not always feasible to execute a search warrant on a person of interest while they are âat or nearâ(TM) the premises specified in the warrant.
- * The requirement to maintain a list of the individual names of each officer who may be involved in executing a warrant can create operational inefficiencies for ASIO.
naturally, there are solutions proposed for all these issues !