Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 1 - Introduction  

SECTION 3ZZUK  

3ZZUK   Definitions  


In this Part:

account
has the same meaning as in the Online Safety Act 2021 .

account-based data
has the same meaning as in Part IAA.

account credentials
means information that a user of an online account requires in order to access or operate the account, and includes (for example) each of the following:


(a) a username;


(b) a password;


(c) a PIN;


(d) a security question or answer;


(e) a biometric form of identification.

account takeover warrant
means a warrant issued under section 3ZZUP or subsection 3ZZVC(2) or (3) .

appropriate authorising officer
has the meaning given by section 3ZZUM .

carrier
means:


(a) a carrier within the meaning of the Telecommunications Act 1997 ; or


(b) a carriage service provider within the meaning of that Act.

chief officer
means the following:


(a) in relation to the Australian Federal Police - the Commissioner of the Australian Federal Police;


(b) in relation to the ACC - the Chief Executive Officer of the ACC.

communication in transit
means a communication (within the meaning of the Telecommunications Act 1997 ) passing over a telecommunications network (within the meaning of that Act).

computer
means all or part of:


(a) one or more computers; or


(b) one or more computer systems; or


(c) one or more computer networks; or


(d) any combination of the above.

electronic service
has the same meaning as in the Online Safety Act 2021 .

emergency authorisation
means an emergency authorisation given under section 3ZZUX .

executing officer
, in relation to an account takeover warrant, means:


(a) the law enforcement officer named in the warrant by the issuing magistrate as being responsible for executing the warrant; or


(b) if that law enforcement officer does not intend to execute the warrant - another law enforcement officer whose name has been written in the warrant by the law enforcement officer so named; or


(c) another law enforcement officer whose name has been written in the warrant by the law enforcement officer last named in the warrant.

formal application
has the meaning given by paragraph 3ZZUN(2)(a) .

IGIS official
means:


(a) the Inspector-General of Intelligence and Security; or


(b) any other person covered by subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986 .

law enforcement agency
means:


(a) the Australian Federal Police; or


(b) the ACC.

law enforcement officer
means the following:


(a) in relation to the Australian Federal Police:


(i) the Commissioner of the Australian Federal Police; or

(ii) a Deputy Commissioner of the Australian Federal Police; or

(iii) an AFP employee (within the meaning of the Australian Federal Police Act 1979 ); or

(iv) a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

(v) a person seconded to the Australian Federal Police;


(b) in relation to the ACC:


(i) the Chief Executive Officer of the ACC; or

(ii) a member of the staff of the ACC.

Ombudsman official
means:


(a) the Ombudsman; or


(b) a Deputy Commonwealth Ombudsman; or


(c) a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976 .

online account
means an account that an electronic service has for an end-user.

protected information
means:


(a) any information obtained under an account takeover warrant or an emergency authorisation; or


(b) information relating to:


(i) an application for, the issue of, the existence of, or the expiration of, an account takeover warrant or emergency authorisation; or

(ii) an application for approval of the giving of an emergency authorisation.

relevant offence
means:


(a) a serious Commonwealth offence; or


(b) a serious State offence that has a federal aspect.

serious Commonwealth offence
has the same meaning as in Part IAB .

serious State offence that has a federal aspect
has the same meaning as in Part IAB .

takes control
has the meaning given by section 3ZZUL .

telecommunications facility
means a facility within the meaning of the Telecommunications Act 1997 .

urgent application
has the meaning given by paragraph 3ZZUN(2)(b) .




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