Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)
Schedule 2 Network activity warrants
Part 1 Main amendments
Surveillance Devices Act 2004
18 After section 44
Insert:
44A What is protected network activity warrant information?
For the purposes of this Act, protected network activity warrant information means:
(a) any information (other than network activity warrant intercept information) obtained from access to data under a network activity warrant; or
(b) any information obtained from the use of a surveillance device under a network activity warrant; or
(c) information relating to an application for, the issue of, the existence of, or the expiration of, a network activity warrant; or
(d) any information that is likely to enable the identification of:
(i) a criminal network of individuals specified in a network activity warrant; or
(ii) an individual in a criminal network of individuals specified in a network activity warrant; or
(iii) a computer specified in a network activity warrant; or
(iv) premises specified in a network activity warrant; or
(e) any other information obtained by a law enforcement officer:
(i) without the authority of a network activity warrant; or
(ii) in a case where the information was obtained, purportedly under a network activity warrant, through access to data held in a computer in a foreign country, or on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limit of Australia's territorial sea - without the agreement of the appropriate consenting official of that foreign country, and of any other foreign country, whose agreement is required under section 43E;
in contravention of the requirement for a network activity warrant.
Note: For protection of network activity warrant intercept information, see Part 2-6 of the Telecommunications (Interception and Access) Act 1979.
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