Strengthening Oversight of the National Intelligence Community Act 2025 (75 of 2025)
Schedule 1 Amendments
Part 2 Consequential amendments commencing with the main amendments
Surveillance Devices Act 2004
275 Section 49B
Repeal the section, substitute:
49B Notification to Ombudsman or IGIS in relation to concealment of access under a computer access warrant
(1) This section applies if:
(a) a computer access warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and
(b) a thing mentioned in subsection 27E(7) was done under the warrant after the 28-day period mentioned in paragraph 27E(7)(j).
(2) The chief officer of the law enforcement agency must notify the person mentioned in subsection (3):
(a) that the warrant was issued; and
(b) of the fact that the thing was done under the warrant after the 28-day period mentioned in paragraph 27E(7)(j);
within 7 days after the thing was done.
(3) For the purposes of subsection (2), the person is:
(a) if the law enforcement agency is the Australian Crime Commission - the Inspector-General of Intelligence and Security; and
(b) otherwise - the Ombudsman.