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

276   Section 49C

Repeal the section, substitute:

49C Notification to Ombudsman or IGIS of things done under a data disruption warrant

Notification of thing done under warrant

(1) Subsection (2) applies if:

(a) a data disruption 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 27KE(2) was done under the warrant.

(2) The chief officer of the law enforcement agency must notify the person mentioned in subsection (5):

(a) that the warrant was issued; and

(b) of the fact that the thing was done under the warrant;

within 7 days after the thing was done.

Notification of material loss or damage

(3) Subsection (4) applies if:

(a) a data disruption warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and

(b) the person executing the warrant becomes aware that a thing mentioned in subsection 27KE(2) that was done under the warrant has caused material loss or damage to one or more persons lawfully using a computer.

(4) The chief officer of the law enforcement agency must notify the person mentioned in subsection (5):

(a) that the thing has caused material loss or damage to one or more persons lawfully using a computer; and

(b) of the particulars of that loss or damage;

within 7 days after the person executing the warrant became so aware.

Relevant person agency must notify

(5) For the purposes of subsections (2) and (4), 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.