Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (148 of 2018)

Schedule 3   Search warrants issued under the Crimes Act 1914

Crimes Act 1914

2   After section 3C

Insert:

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 Enhancing Online Safety Act 2015.