Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)

Schedule 2   Network activity warrants

Part 1   Main amendments

Surveillance Devices Act 2004

18   After section 44

Insert:

44A What is protected network activity warrant information?

For the purposes of this Act, protected network activity warrant information means:

(a) any information (other than network activity warrant intercept information) obtained from access to data under a network activity warrant; or

(b) any information obtained from the use of a surveillance device under a network activity warrant; or

(c) information relating to an application for, the issue of, the existence of, or the expiration of, a network activity warrant; or

(d) any information that is likely to enable the identification of:

(i) a criminal network of individuals specified in a network activity warrant; or

(ii) an individual in a criminal network of individuals specified in a network activity warrant; or

(iii) a computer specified in a network activity warrant; or

(iv) premises specified in a network activity warrant; or

(e) any other information obtained by a law enforcement officer:

(i) without the authority of a network activity warrant; or

(ii) in a case where the information was obtained, purportedly under a network activity warrant, through access to data held in a computer in a foreign country, or on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limit of Australia's territorial sea - without the agreement of the appropriate consenting official of that foreign country, and of any other foreign country, whose agreement is required under section 43E;

in contravention of the requirement for a network activity warrant.

Note: For protection of network activity warrant intercept information, see Part 2-6 of the Telecommunications (Interception and Access) Act 1979.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).