S 3ZZUMA amended by No 70 of 2026, s 3 and Sch 1 item 13, by substituting
"
is repealed at the end of 4 September 2029
"
for
"
ceases to have effect 5 years after it commences
"
, effective 27 August 2026. No 70 of 2026, s 3 and Sch 1 items 15
-
17 contain the following application, transitional and saving provisions:
15 Definitions
15
In this Division:
appropriate authorising officer
has the meaning given by section
3ZZUM
of the
Crimes Act 1914
.
protected information
has the meaning given by section
3ZZUK
of the
Crimes Act 1914
.
sunsetting time
means the end of 4 September 2029.
16 Account takeover warrants
Warrants in force
(1)
An account takeover warrant that is:
(a)
issued under subsection
3ZZUP(1)
, or paragraph
3ZZVC(2)(a)
or
(3)(b)
, of the
Crimes Act 1914
; and
(b)
in force immediately before the sunsetting time;
ceases to be in force at that time.
Pending applications
(2)
An application made before the sunsetting time under subsection
3ZZUN(1)
of the
Crimes Act 1914
for an account takeover warrant, in relation to which a magistrate has not made a decision under subsection
3ZZUP(1)
of that Act before that time, is taken, on and after that time, never to have been made.
(3)
An application made before the sunsetting time under subsection
3ZZUS(1)
of the
Crimes Act 1914
for an extension or variation of an account takeover warrant, in relation to which a magistrate has not made a decision under subsection
3ZZUS(3)
of that Act before that time, is taken, on and after that time, never to have been made.
Emergency authorisations
(4)
An emergency authorisation that relates to an online account that:
(a)
has been given under subsection
3ZZUX(3)
or subsection
3ZZVC(1)
of the
Crimes Act 1914
; and
(b)
is in force immediately before the sunsetting time;
ceases to be in force at that time.
(5)
An application made before the sunsetting time under subsection
3ZZUX(1)
of the
Crimes Act 1914
for an emergency authorisation for taking control of an online account, in relation to which an appropriate authorising officer has not made a decision under subsection
3ZZUX(3)
of that Act before that time, is taken, on and after that time, never to have been made.
(6)
An application made before the sunsetting time under subsection
3ZZVA(1)
of the
Crimes Act 1914
for an approval of the giving of an emergency authorisation by an appropriate authorising officer, in relation to which a magistrate has not made a decision under subsection
3ZZVC(1)
of that Act before that time, is taken, on and after that time, never to have been made.
Concealment of access
(7)
Subsections
3ZZUR(6)
to
(8)
of the
Crimes Act 1914
, as in force immediately before the sunsetting time, continue to apply on and after that time in relation to an account takeover warrant that was issued under subsection
3ZZUP(1)
, or paragraph
3ZZVC(2)(a)
or
(3)(b)
, of that Act before that time.
(8)
To avoid doubt, subitem (7) applies regardless of whether subitem (1) applies to the warrant.
17 Protected information
17
To avoid doubt, the definition of
protected information
in section
3ZZUK
of the
Crimes Act 1914
, and Division
5
of Part
1AAC
of that Act, continue to apply after the sunsetting time in relation to information obtained before that time in accordance with the following provisions of the
Crimes Act 1914
as in force before that time:
(a)
Division
2
of Part
1AAC
;
(b)
Division
3
of that Part.
S 3ZZUMA inserted by No 98 of 2021, s 3 and Sch 3 item 4, effective 4 September 2021.
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