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

3   After subsection 45B(10)

Insert:

(10A) For the purposes of paragraph (10)(ab), the circumstances are:

(a) both of the following apply:

(i) the protected network activity warrant information is adduced or given in evidence in the proceeding by a defendant in the proceeding;

(ii) the admission into evidence of the information is necessary for the fair trial of the defendant; or

(b) the protected network activity warrant information is adduced or given in evidence in the proceeding by the prosecution in the proceeding in response to other protected network activity warrant information admitted into evidence in that proceeding in the circumstances mentioned in paragraph (a).