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Surveillance Devices Act 2004
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Administered by
Department of Home Affairs
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C2023C00344 (C54)
18 October 2023
-
07 December 2023
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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
7 State offence that has a federal aspect
7A Criminal network of individuals
8 External Territories
9 Binding the Crown
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Part 2—Warrants
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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
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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
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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
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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
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Part 6—Compliance and monitoring
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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
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
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Division 2—Reporting and record keeping
49 Report on each warrant or authorisation
49A Notification to Ombudsman in relation to Part 5.3 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
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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
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Division 4—General
62 Evidentiary certificates
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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
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Schedule 1—Amendment of other legislation and transitional and saving provisions
Australian Federal Police Act 1979
Customs Act 1901
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
