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

Schedule 2   Network activity warrants

Part 1   Main amendments

Surveillance Devices Act 2004

22   After subsection 49(2D)

Insert:

(2E) In the case of a network activity warrant for access to data held in a computer, the report must:

(a) state whether the warrant was executed; and

(b) if so:

(i) state the name of the person primarily responsible for the execution of the warrant; and

(ii) state the name of each person involved in accessing data under the warrant; and

(iii) state the period during which the data was accessed; and

(iv) state the name, if known, of any person whose data was accessed; and

(v) give details of any premises, if known, at which the computer was located; and

(vi) give details of any use of a surveillance device under the warrant; and

(vii) give details of the extent to which the execution of the warrant has contributed to the prevention, detection or frustration of one or more kinds of relevant offences; and

(viii) give details of the extent to which the execution of the warrant has assisted the agency in carrying out its functions; and

(ix) give details of the communication of information obtained by accessing data under the warrant to persons other than officers of the agency; and

(x) give details of the compliance with the conditions (if any) to which the warrant was subject; and

(xi) give details of the information that was obtained from access to data under the warrant; and

(xii) give details of how the information that was obtained under the warrant was used; and

(xiii) give details of whether the information that was obtained under the warrant was destroyed or retained under section 46AA; and

(xiv) give details of any premises accessed, telecommunications intercepted or computers removed from premises under the warrant; and

(xv) give details of any activities undertaken under subsection 27KP(8) in relation to the warrant; and

(xvi) give details of any assistance orders made under subsection 64A(6A) in relation to the warrant; and

(c) if the warrant was extended or varied, state:

(i) the number of extensions or variations; and

(ii) the reasons for them.