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

Schedule 2   Network activity warrants

Part 1   Main amendments

Surveillance Devices Act 2004

8   After section 7

Insert:

7A Criminal network of individuals

(1) For the purposes of this Act, a criminal network of individuals is an electronically linked group of individuals, where:

(a) in a case where each individual in the group uses, or is likely to use, the same electronic service as at least one other individual in the group - the use of that electronic service enables any of the individuals in the group to:

(i) engage in conduct that constitutes a relevant offence; or

(ii) communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or

(iii) facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or

(iv) communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or

(b) in a case where each individual in the group communicates with at least one other individual in the group by electronic communication - the electronic communication enables any of the individuals in the group to:

(i) engage in conduct that constitutes a relevant offence; or

(ii) communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or

(iii) facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or

(iv) communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence.

(2) For the purposes of subsection (1), it is immaterial whether:

(a) the identities of the individuals in the group can be ascertained; or

(b) the details of the relevant offences can be ascertained; or

(c) there are likely to be changes, from time to time, in the composition of the group.