Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 1
-
Preliminary
SECTION 3CAA
Account-based data
(1)
For the purposes of this Part, if:
(a)
an electronic service has accounts for end-users; and
(b)
either:
(i)
a person holds an account with the electronic service; or
(ii)
a person is, or is likely to be, a user of an account with the electronic service; and
(c)
the person can (with the use of appropriate equipment) access particular data provided by the service;
the data is
account-based data
in relation to the person.
(2)
For the purposes of this Part, if:
(a)
an electronic service has accounts for end-users; and
(b)
either:
(i)
a deceased person held, before the person
'
s death, an account with the electronic service; or
(ii)
a deceased person, before the person
'
s death, was, or was likely to be, a user of an account with the electronic service; and
(c)
the deceased person could, before the person
'
s death (with the use of appropriate equipment), access particular data provided by the service;
the data is
account-based data
in relation to the deceased person.
(3)
For the purposes of this section,
account
has the same meaning as in the
Online Safety Act 2021
.
History
S 3CAA(3) amended by No 77 of 2021, s 3 and Sch 2 item 58, by substituting
"
Online Safety Act 2021
"
for
"
Enhancing Online Safety Act 2015
"
, effective 23 January 2022.
History
S 3CAA inserted by No 148 of 2018, s 3 and Sch 3 item 2, effective 9 December 2018.