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.