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.