Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 1 - Introduction  

SECTION 3ZZUJ  

3ZZUJ   Simplified outline of this Part  


• An account takeover warrant may be issued by a magistrate.

• An account takeover warrant authorises the Australian Federal Police or the ACC to take control of one or more online accounts.

• The applicant for an account takeover warrant must suspect on reasonable grounds that:

  • (a) one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and
  • (b) an investigation into those offences is being, will be, or is likely to be, conducted; and
  • (c) taking control of the online accounts is necessary, in the course of that investigation, for the purpose of enabling evidence to be obtained of the commission of those offences.
  • • An emergency authorisation for taking control of an online account may be given by an appropriate authorising officer.

    • An emergency authorisation is subject to approval by a magistrate.

    • A magistrate may make an order requiring a person to provide any information or assistance that is reasonable and necessary to allow a law enforcement officer to take control of an online account that is the subject of an account takeover warrant or emergency authorisation.

    • A person must not use or disclose information that:

  • (a) was obtained under an account takeover warrant or emergency authorisation; or
  • (b) relates to an application for, the issue of, the existence of, or the expiration of, an account takeover warrant or emergency authorisation; or
  • (c) relates to an application for approval of the giving of an emergency authorisation.
  • • The Australian Federal Police and the ACC must comply with reporting and record keeping requirements relating to account takeover warrants and emergency authorisations.

    • The Ombudsman must inspect the records of the Australian Federal Police and the ACC to determine the extent of compliance with this Part by:

  • (a) the Australian Federal Police and the ACC; and
  • (b) law enforcement officers.
  • Note:

    This Part confers non-judicial functions and powers on magistrates. Section 4AAA deals with the conferral of non-judicial functions and powers on magistrates.


     

    Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

    CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

    The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.