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

Schedule 2   Network activity warrants

Part 1   Main amendments

Surveillance Devices Act 2004

20   After section 46

Insert:

46AA Dealing with records obtained by accessing data under a network activity warrant

(1) The chief officer of the Australian Federal Police or the Australian Crime Commission:

(a) must ensure that every record or report comprising:

(i) protected network activity warrant information; or

(ii) network activity warrant intercept information;

is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and

(b) must cause to be destroyed any record or report referred to in paragraph (a):

(i) as soon as practicable after the making of the record or report if the chief officer is satisfied that no civil or criminal proceeding to which the material contained in the record or report relates has been, or is likely to be, commenced and that the material contained in the record or report is not likely to be required in connection with an activity referred to in subsection 45B(4) or a purpose referred to in subsection 45B(5) or (7); and

(ii) within the period of 5 years after the making of the record or report, and within each period of 5 years thereafter, unless, before the end of that period, the chief officer is satisfied in relation to the material contained in the record or report of a matter referred to in subparagraph (i) and certifies to that effect.

(2) If an agency is not a law enforcement agency but, as described in subsection 45B(5) or (7), receives records or reports obtained by accessing data, or using a surveillance device, under a network activity warrant, the officer in charge of the agency:

(a) must ensure that every record or report that is so received is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and

(b) must cause to be destroyed any record or report referred to in paragraph (a):

(i) as soon as practicable after the receipt of the record or report by the agency if the officer in charge is satisfied that no civil or criminal proceeding to which the material contained in the record or report relates has been, or is likely to be, commenced and that the material contained in the record or report is not likely to be required in connection with an activity referred to in subsection 45B(4) or a purpose referred to in subsection 45B(5) or (7); and

(ii) within the period of 5 years after the making of the record or report, and within each period of 5 years thereafter, unless, before the end of that period, the officer in charge is satisfied in relation to the material contained in the record or report of a matter referred to in subparagraph (i) and certifies to that effect.

(3) Subsection (2) does not apply to the Office of the Inspector-General of Intelligence and Security.