Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 2 - Account takeover warrants  

SECTION 3ZZUN   Application for account takeover warrant  

(1)    
A law enforcement officer may apply to a magistrate for the issue of an account takeover warrant if the law enforcement officer suspects 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 one or more online accounts (the target accounts ) is necessary, in the course of that investigation, for the purpose of enabling evidence to be obtained of the commission of those offences.

(2)    
An application for an account takeover warrant may be made:

(a)    in person (such an application is a formal application ); or

(b)    if the applicant believes that it is impracticable for the application to be made in person - by telephone, email, fax or any other means of communication (such an application is an urgent application ).

(2A)    
An application:

(a)    must specify:

(i) the name of the applicant; and

(ii) the nature and duration of the warrant sought; and

(b)    subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

Unsworn applications

(2B)    
If a law enforcement officer believes that:

(a)    taking control of the target accounts is immediately necessary, in the course of the investigation mentioned in paragraph (1)(c) , for the purpose of enabling evidence to be obtained of the commission of the offences mentioned in that paragraph; and

(b)    it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

an application for an account takeover warrant under subsection (1) may be made before an affidavit is prepared or sworn.

(2C)    
If subsection (2B) applies, the applicant must:

(a)    provide as much information as the magistrate considers is reasonably practicable in the circumstances; and

(b)    not later than 72 hours after the making of the application, send a duly sworn affidavit to the magistrate, whether or not a warrant has been issued.

(2D)    
If:

(a)    subsection (2B) applies; and

(b)    transmission by fax is available; and

(c)    an affidavit has been prepared;

the person applying must transmit a copy of the affidavit, whether sworn or unsworn, to the magistrate who is to determine the application.

(3)    
An application (whether formal or urgent) must provide sufficient information to enable the magistrate to decide whether or not to issue the warrant.

(4)    
A magistrate may require an applicant to provide such additional information as is necessary for the proper consideration of the application.

(5)    
As soon as practicable after making an urgent application that was not made in writing, the applicant must:

(a)    make a written record of the application; and

(b)    give a copy of the record to the magistrate to whom the application was made.