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

Schedule 2   Network activity warrants

Part 2   Consequential amendments

Telecommunications (Interception and Access) Act 1979

116   After section 63AD

Insert:

63AE Dealing in network activity warrant intercept information etc.

(1) A person may, for the purposes of doing a thing authorised by a network activity warrant:

(a) communicate network activity warrant intercept information to another person; or

(b) make use of network activity warrant intercept information; or

(c) make a record of network activity warrant intercept information; or

(d) give network activity warrant intercept information in evidence in:

(i) a criminal proceeding for an offence against section 105 so far as the offence relates to contravening section 63; or

(ii) a proceeding that is not a criminal proceeding.

(2) A person may:

(a) communicate network activity warrant intercept information to another person; or

(b) make use of network activity warrant intercept information; or

(c) make a record of network activity warrant intercept information;

if the information relates, or appears to relate, to the involvement, or likely involvement, of a person in one or more of the following activities:

(d) activities that present a significant risk to a person's safety;

(e) acting for, or on behalf of, a foreign power (within the meaning of the Australian Security Intelligence Organisation Act 1979);

(f) activities that are, or are likely to be, a threat to security;

(g) activities that pose a risk, or are likely to pose a risk, to the operational security (within the meaning of the Intelligence Services Act 2001) of ASIS (within the meaning of that Act);

(h) activities that pose a risk, or are likely to pose a risk, to the operational security (within the ordinary meaning of that expression) of the Organisation or of AGO or ASD (within the meanings of the Intelligence Services Act 2001);

(i) activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958);

(j) activities related to a contravention, or an alleged contravention, by a person of a UN sanction enforcement law (within the meaning of the Charter of the United Nations Act 1945).

(3) A person may, in connection with:

(a) the performance by an IGIS official of the IGIS official's functions or duties; or

(b) the exercise by an IGIS official of the IGIS official's powers;

communicate to the IGIS official, or make use of, or make a record of, network activity warrant intercept information.

(4) An IGIS official may, in connection with:

(a) the performance by the IGIS official of the IGIS official's functions or duties; or

(b) the exercise by the IGIS official of the IGIS official's powers;

communicate to another person, or make use of, or make a record of, network activity warrant intercept information.

(5) If:

(a) information was obtained by intercepting a communication passing over a telecommunications system; and

(b) the interception was purportedly for the purposes of doing a thing specified in a network activity warrant; and

(c) the interception was not authorised by the network activity warrant;

then:

(d) a person may, in connection with:

(i) the performance by an IGIS official of the IGIS official's functions or duties; or

(ii) the exercise by an IGIS official of the IGIS official's powers;

communicate to the IGIS official, or make use of, or make a record of, that information; and

(e) an IGIS official may, in connection with:

(i) the performance by the IGIS official of the IGIS official's functions or duties; or

(ii) the exercise by the IGIS official of the IGIS official's powers;

communicate to another person, or make use of, or make a record of, that information.

(6) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against section 63 of this Act, an IGIS official does not bear an evidential burden in relation to the matters in subsection (4) or (5) of this section.