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

Schedule 1   Data disruption

Surveillance Devices Act 2004

41   After section 49B

Insert:

49C Notification to Ombudsman of things done under a data disruption warrant

(1) If:

(a) a data disruption warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and

(b) a thing mentioned in subsection 27KE(2) was done under the warrant;

the chief officer of the law enforcement agency must:

(c) notify the Ombudsman:

(i) that the warrant was issued; and

(ii) of the fact that the thing was done under the warrant; and

(d) do so within 7 days after the thing was done.

(2) If:

(a) a data disruption warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and

(b) the person executing the warrant becomes aware that a thing mentioned in subsection 27KE(2) that was done under the warrant has caused material loss or damage to one or more persons lawfully using a computer;

the chief officer of the law enforcement agency must:

(c) notify the Ombudsman:

(i) that the thing has caused material loss or damage to one or more persons lawfully using a computer; and

(ii) of the particulars of that loss or damage; and

(d) do so within 7 days after the person executing the warrant became so aware.