Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Purposes  
   4.      Relationship to other laws and matters  
   5.      Schedule(s)  
   6.      Definitions  
   6A.     Law enforcement agencies  
   6B.     Authorisation of law enforcement officer  
   6C.     When a Part 5.3 supervisory order is taken to be in force  
   6D.     Succeeding Part 5.3 supervisory orders  
   6E.     When a community safety supervision order is taken to be in force  
   6F.     Succeeding community safety supervision order  
   7.      State offence that has a federal aspect  
   7A.     Criminal network of individuals  
   8.      External Territories  
   9.      Binding the Crown  

   PART 2--WARRANTS

           Division 1--Introduction

   10.     Types of warrant  
   11.     Who may issue etc. warrants?  
   12.     Eligible Judges  
   13.     Nominated AAT members  

           Division 2--Surveillance device warrants

   14.     Application for surveillance device warrant  
   15.     Remote application  
   16.     Determining the application  
   17.     What must a surveillance device warrant contain?  
   18.     What a surveillance device warrant authorises  
   19.     Extension and variation of surveillance device warrant  
   20.     Revocation of surveillance device warrant  
   21.     Discontinuance of use of surveillance device under warrant  

           Division 3--Retrieval warrants

   22.     Application for retrieval warrant  
   23.     Remote application  
   24.     Determining the application  
   25.     What must a retrieval warrant contain?  
   26.     What a retrieval warrant authorises  
   27.     Revocation of retrieval warrant  

           Division 4--Computer access warrants

   27A.    Application for computer access warrant  
   27B.    Remote application  
   27C.    Determining the application  
   27D.    What must a computer access warrant contain?  
   27E.    What a computer access warrant authorises  
   27F.    Extension and variation of computer access warrant  
   27G.    Revocation of computer access warrant  
   27H.    Discontinuance of access under warrant  
   27J.    Relationship of this Division to parliamentary privileges and immunities  

           Division 5--Data disruption warrants

   27KAA.  Sunsetting  
   27KA.   Application for data disruption warrant  
   27KB.   Remote application  
   27KBA.  Endorsement of application--Australian Federal Police  
   27KBB.  Endorsement of application--Australian Crime Commission  
   27KC.   Determining the application  
   27KD.   What must a data disruption warrant contain?  
   27KE.   What a data disruption warrant authorises  
   27KF.   Extension and variation of data disruption warrant  
   27KG.   Revocation of data disruption warrant  
   27KH.   Discontinuance of access and disruption under warrant  
   27KJ.   Relationship of this Division to parliamentary privileges and immunities  

           Division 6--Network activity warrants

   27KKA.  Sunsetting  
   27KK.   Application for network activity warrant  
   27KL.   Remote application  
   27KM.   Determining the application  
   27KN.   What must a network activity warrant contain?  
   27KP.   What a network activity warrant authorises  
   27KQ.   Extension and variation of network activity warrant  
   27KR.   Revocation of network activity warrant  
   27KS.   Discontinuance of access under warrant  
   27KT.   Relationship of this Division to parliamentary privileges and immunities  

   PART 3--EMERGENCY--AUTHORISATIONS

   27KU.   Sunsetting--emergency authorisation for disruption of data held in a computer  
   28.     Emergency authorisation--serious risks to person or property  
   29.     Emergency authorisation--urgent circumstances relating to recovery order  
   30.     Emergency authorisation--risk of loss of evidence  
   31.     Record of emergency authorisations to be made  
   32.     Attributes of emergency authorisations  
   33.     Application for approval of emergency authorisation  
   34.     Consideration of application  
   35.     Judge or nominated AAT member may approve giving of an emergency authorisation for the use of a surveillance device  
   35A.    Judge or nominated AAT member may approve giving of an emergency authorisation for access to data held in a computer  
   35B.    Judge or nominated AAT member may approve giving of an emergency authorisation for disruption of data held in a computer  
   36.     Admissibility of evidence  
   36A.    Relationship of this Part to parliamentary privileges and immunities  

   PART 4--USE--OF CERTAIN SURVEILLANCE DEVICES WITHOUT WARRANT

   37.     Use of optical surveillance devices without warrant  
   38.     Use of surveillance devices without warrant for listening to or recording words in limited circumstances  
   39.     Use and retrieval of tracking devices without warrant in certain circumstances  
   40.     Record of tracking device authorisations to be kept  

   PART 5--EXTRATERRITORIAL--OPERATION OF WARRANTS

   41.     Definitions  
   42.     Extraterritorial operation of surveillance device warrants  
   43.     Evidence obtained from extraterritorial surveillance not to be tendered in evidence unless court satisfied properly obtained  
   43A.    Extraterritorial operation of computer access warrants  
   43B.    Evidence obtained from extraterritorial computer access not to be tendered in evidence unless court satisfied properly obtained  
   43C.    Extraterritorial operation of data disruption warrants  
   43D.    Evidence obtained from extraterritorial computer access not to be tendered in evidence unless court is satisfied that the evidence was properly obtained  
   43E.    Extraterritorial operation of network activity warrants  

   PART 6--COMPLIANCE--AND MONITORING

           Division 1--Restrictions on use, communication and publication of information

   44.     What is protected information?  
   44A.    What is protected network activity warrant information?  
   45.     Prohibition on use, recording, communication or publication of protected information or its admission in evidence  
   45A.    Protected information related to integrity operations  
   45B.    Prohibition on use, recording, communication or publication of protected network activity warrant information or its admission in evidence  
   46.     Dealing with records obtained by using a surveillance device or accessing data held in a computer  
   46AA.   Dealing with records obtained by accessing data under a network activity warrant  
   46A.    Destruction of records--information obtained before a Part 5.3 supervisory order came into force  
   46B.    Destruction of records--information obtained before a community safety supervision order came into force  
   47.     Protection of surveillance device technologies and methods  
   47A.    Protection of computer access technologies and methods  
   47B.    Protection of data disruption technologies and methods  
   48.     Protected information in the custody of a court, tribunal or Royal Commission  

           Division 2--Reporting and record-keeping

   49.     Report on each warrant or authorisation  
   49A.    Notification to Ombudsman in relation to Part 5.3 warrants or Part 9.10 warrants  
   49B.    Notification to Ombudsman in relation to concealment of access under a computer access warrant  
   49C.    Notification to Ombudsman of things done under a data disruption warrant  
   49D.    Notification to Inspector - General of Intelligence and Security of things done under a network activity warrant  
   50.     Annual reports  
   50A.    Deferral of inclusion of information in annual report  
   51.     Keeping documents connected with warrants, emergency authorisations and tracking device authorisations  
   52.     Other records to be kept  
   53.     Register of warrants, emergency authorisations and tracking device authorisations  

           Division 3--Inspections

   54.     Appointment of inspecting officers  
   55.     Inspection of records  
   56.     Power to obtain relevant information  
   57.     Ombudsman to be given information and access despite other laws  
   58.     Exchange of information between Ombudsman and State inspecting authorities  
   59.     Delegation by Ombudsman  
   60.     Ombudsman not to be sued  
   61.     Report on inspection  
   61A.    Report may cover notified breaches in relation to Part 5.3 warrants or Part 9.10 warrants  

           Division 4--General

   62.     Evidentiary certificates  

   PART 7--MISCELLANEOUS

   63.     Delegation by chief officer of law enforcement agency  
   64.     Compensation for loss or injury  
   64A.    Person with knowledge of a computer or a computer system to assist access etc.  
   64B.    Person with knowledge of a computer or a computer system to assist disruption of data etc.  
   65.     Minor defects in connection with warrant or other authority  
   65A.    Protection of persons--control order declared to be void  
   65B.    Dealing with information obtained under a warrant or authorisation etc.--control order declared to be void  
   65C.    Evidence obtained from access to, or disruption of, data under a data disruption warrant etc.  
   66.     Regulations  
           SCHEDULE 1 Amendment of other legislation and transitional and saving provisions