Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)

Schedule 1   Data disruption

Surveillance Devices Act 2004

39   After section 47A

Insert:

47B Protection of data disruption technologies and methods

(1) In a proceeding, a person may object to the disclosure of information on the ground that the information, if disclosed, could reasonably be expected to reveal details of data disruption technologies or methods.

(2) If the person conducting or presiding over the proceeding is satisfied that the ground of objection is made out, the person may order that the person who has the information not be required to disclose it in the proceeding.

(3) In determining whether or not to make an order under subsection (2), the person conducting or presiding over the proceeding must take into account whether disclosure of the information:

(a) is necessary for the fair trial of the defendant; or

(b) is in the public interest.

(4) Subsection (2) does not affect a provision of another law under which a law enforcement officer cannot be compelled to disclose information or make statements in relation to the information.

(5) If the person conducting or presiding over a proceeding is satisfied that publication of any information disclosed in the proceeding could reasonably be expected to reveal details of data disruption technologies or methods, the person must make any orders prohibiting or restricting publication of the information that the person considers necessary to ensure that those details are not revealed.

(6) Subsection (5) does not apply to the extent that the person conducting or presiding over the proceeding considers that the interests of justice require otherwise.

(7) In this section:

data disruption technologies or methods means technologies or methods relating to the use of:

(a) a computer; or

(b) a telecommunications facility operated or provided by the Commonwealth or a carrier; or

(c) any other electronic equipment; or

(d) a data storage device;

for either or both of the following purposes:

(e) disrupting data held in the computer;

(f) obtaining access to data held in the computer;

where the technologies or methods have been, or are being, deployed in giving effect to:

(g) a data disruption warrant; or

(h) an emergency authorisation for disruption of data held in a computer.

proceeding includes a proceeding before a court, tribunal or Royal Commission.