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

Schedule 1   Amendments relating to network activity warrants

Part 2   Application of amendments

5   Application of amendments

(1) Subsection 45B(9A) of the Surveillance Devices Act 2004 as inserted by this Schedule applies in relation to the use, recording or communication of protected network activity warrant information after the commencement of this Schedule, whether that information was obtained or generated before or after that commencement.

(2) Subsection 45B(9B) of the Surveillance Devices Act 2004 as inserted by this Schedule applies in relation to the use, recording or communication of protected network activity warrant information after the commencement of this Schedule for the purpose of any step in a proceeding taken after that commencement:

(a) whether that information was obtained or generated before or after that commencement; and

(b) whether the proceeding was instituted before or after that commencement.

(3) Subsection 45B(10) of the Surveillance Devices Act 2004 as amended by this Schedule and subsection 45B(10A) of that Act as inserted by this Schedule apply in relation to the admission into evidence of protected network activity warrant information after the commencement of this Schedule:

(a) whether that information was obtained or generated before or after that commencement; and

(b) whether the proceeding was instituted before or after that commencement.

(4) Subsection 63AE(2A) of the Telecommunications (Interception and Access) Act 1979 as inserted by this Schedule applies in relation to the use, recording or communication of network activity warrant intercept information after the commencement of this Schedule, whether that information was obtained or generated before or after that commencement.

(5) Subsection 63AE(2B) of the Telecommunications (Interception and Access) Act 1979 as inserted by this Schedule applies in relation to the use, recording or communication of network activity warrant intercept information after the commencement of this Schedule for the purpose of any step in a proceeding taken after that commencement:

(a) whether that information was obtained or generated before or after that commencement; and

(b) whether the proceeding was instituted before or after that commencement.

(6) Subsection 63AE(2C) of the Telecommunications (Interception and Access) Act 1979 as inserted by this Schedule applies in relation to the admission into evidence of network activity warrant intercept information after the commencement of this Schedule:

(a) whether that information was obtained or generated before or after that commencement; and

(b) whether the proceeding was instituted before or after that commencement.