Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (70 of 2026)

Schedule 1   Police powers and warrants

Part 3   Account takeover warrants, data disruption warrants and network activity warrants

Division 4   Application, transitional and saving provisions relating to data disruption warrants and network activity warrants

30   Australian Crime Commission

Pending applications

(1) An application for a data disruption warrant that was made under subsection 27KA(1) of the Surveillance Devices Act 2004 by a law enforcement officer of the Australian Crime Commission (or another person on the law enforcement officer's behalf) before the commencement of this item, in relation to which an eligible Judge or nominated ART member has not made a decision before that commencement, is taken, on and after that commencement, never to have been made.

Data disruption warrants

(2) If:

(a) a data disruption warrant issued under subsection 27KC(1) or paragraph 35B(2)(a) or (3)(b) of the Surveillance Devices Act 2004 is in force immediately before the commencement of this item; and

(b) the warrant was issued to a law enforcement officer or an appropriate authorising officer of the Australian Crime Commission;

the warrant ceases to be in force at that commencement.

Emergency authorisations

(3) An emergency authorisation for disruption of data held in a computer given to a law enforcement officer of the Australian Crime Commission under subsection 28(4) of the Surveillance Devices Act 2004 (whether or not approved under subsection 35B(1) of that Act) that is in force immediately before the commencement of this item, ceases to be in force at that commencement.

(4) An application for an emergency authorisation for disruption of data held in a computer made by a law enforcement officer of the Australian Crime Commission (or another person on the law enforcement officer's behalf) under subsection 28(1C) of the Surveillance Devices Act 2004, before the commencement of this item, in relation to which an appropriate authorising officer has not made a decision under subsection 28(4) of that Act before that commencement, is taken, on and after that commencement, never to have been made.

(5) An application made before the commencement of this item under subsection 33(1) of the Surveillance Devices Act2004 for approval of the giving of an emergency authorisation for disruption of data held in a computer to a law enforcement officer of the Australian Crime Commission, in relation to which an eligible Judge or a nominated ART member has not made a decision under subsection 35B(1) of that Act before that time, is taken, on and after that time, never to have been made.

Protected information

(6) To avoid doubt, Part 6 of the Surveillance Devices Act 2004 continues to apply after the commencement of this item in relation to information obtained before that commencement in accordance with the following provisions of the Surveillance Devices Act 2004 as in force before that time:

(a) Division 5 of Part 2;

(b) the provisions of Part 3 relating to an emergency authorisation for the disruption of data held in a computer.

(7) To avoid doubt, Part 2-6 of the Telecommunications (Interception and Access) Act 1979 continues to apply after that commencement to data disruption intercept information obtained before that time under a data disruption warrant.

Concealment of access

(8) To avoid doubt, subsections 27KE(9) to (12) of the Surveillance Devices Act 2004 continue to apply on and after the commencement of this item in relation to a data disruption warrant that was:

(a) in force before that commencement; and

(b) issued to a law enforcement officer or appropriate authorising officer of the Australian Crime Commission.

(9) To avoid doubt, subitem (8) applies regardless of whether subitem (2) applies to the warrant.