Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 6 - Reporting and record keeping  

SECTION 3ZZVL   Chief officers ' annual reports to the Minister and the Ombudsman  

(1)    
As soon as practicable after 30 June in each year, the chief officer of the Australian Federal Police or the ACC must submit a report to the Minister and the Ombudsman that sets out:

(a)    the number of applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months, and the dates on which those applications were made; and

(b)    the number of account takeover warrants issued during the previous 12 months in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, and the dates on which those warrants were issued; and

(c)    if one or more applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:

(i) the number of those refusals; and

(ii) the dates on which those refusals occurred; and

(d)    if one or more applications for variations of account takeover warrants were made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months:

(i) the number of those applications; and

(ii) the dates on which those applications were made; and

(e)    if one or more variations of account takeover warrants were made during the previous 12 months in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires:

(i) the number of those variations; and

(ii) the dates on which those variations were made; and

(f)    if one or more applications for variations of account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:

(i) the number of those refusals; and

(ii) the dates on which those refusals occurred; and

(g)    if one or more account takeover warrants issued in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, were revoked during the previous 12 months:

(i) the number of those revocations; and

(ii) the dates on which those revocations occurred; and

(h)    for each account takeover warrant that:

(i) was issued in response to an application made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires; and

(ii) ceased to be in force during the previous 12 months;

the following information:

(iii) the date the warrant ceased to be in force;

(iv) whether the warrant expired or was revoked;

(v) whether or not the warrant was executed;

(vi) if the warrant was executed - the information listed in subsection (2) ;

(vii) if the warrant was not executed - the reason why the warrant was not executed; and

(i)    the number of applications for emergency authorisations made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months, and the dates on which those applications were made; and

(j)    the number of emergency authorisations given during the previous 12 months in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, and the dates on which those authorisations were given; and

(k)    if one or more applications for emergency authorisations made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:

(i) the number of those refusals; and

(ii) the dates on which those refusals occurred; and

(l)    if one or more applications for approval of the giving of emergency authorisations were made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months:

(i) the number of those applications; and

(ii) the dates on which those applications were made; and

(m)    if the giving of one or more emergency authorisations were approved during the previous 12 months in response to applications made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires:

(i) the number of those approvals; and

(ii) the dates on which those approvals were given; and

(n)    if one or more applications for approval of the giving of emergency authorisations made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:

(i) the number of those refusals; and

(ii) the dates on which those refusals occurred.

(2)    
The following information is listed for the purposes of subparagraph (1)(h)(vi) :

(a)    the name of the executing officer;

(b)    the names of any other law enforcement officers involved in executing the warrant;

(c)    the period during which the warrant was executed;

(d)    the target account;

(e)    if the holder of the target account is known to the executing officer - the holder;

(f)    if one or more users of the target account (other than the holder of the target account) are known to the executing officer - those users;

(g)    details of the benefit of the execution of the warrant to the investigation of a relevant offence;

(h)    details of how information obtained under the warrant was used;

(i)    details of the communication of information obtained under the warrant to persons other than:

(i) if the warrant was issued in response to an application made by a law enforcement officer of the Australian Federal Police - law enforcement officers of the Australian Federal Police; or

(ii) if the warrant was issued in response to an application made by a law enforcement officer of the ACC - law enforcement officers of the ACC;

(j)    details of the compliance with the conditions (if any) to which the warrant was subject.

(3)    
For the purposes of paragraph (2)(d) , the target account may be specified by identifying one or more matters and things that are sufficient to identify the account.