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

Schedule 1   Amendments relating to network activity warrants

Part 1   Amendments

Telecommunications (Interception and Access) Act 1979

4   After subsection 63AE(2)

Insert:

(2A) Network activity warrant intercept 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 prescribed offence.

(2B) Network activity warrant intercept 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 prescribed 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.

(2C) Network activity warrant intercept information may be admitted into evidence in a criminal proceeding for a prescribed offence if:

(a) both of the following apply:

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