Telecommunications and Other Legislation Amendment Act 2025 (53 of 2025)

Schedule 1   Amendments relating to network activity warrants

Part 1   Amendments

Surveillance Devices Act 2004

1   After subsection 45B(9)

Insert:

(9A) Protected network activity warrant information may be used, recorded or communicated for the purposes of the making of a decision whether or not to bring, or continue, a prosecution for a relevant offence.

(9B) Protected network activity warrant information may be used, recorded or communicated:

(a) for the purposes of complying with any applicable common law or statutory disclosure duty or obligation in a criminal proceeding for a relevant offence; or

(b) if, under paragraph (a), the information is communicated to the legal representative of a defendant in a proceeding - by the legal representative for the purposes of representing the defendant in the proceeding.