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.