Commonwealth: Surveillance Devices Act 2004 (Cth)

Surveillance Devices Act 2004 No. 152, 2004 Compilation No. 57 Compilation date: 7 January 2025 Includes amendments: Act No. 110, 2024 About this compilation This compilation This is a compilation of the Surveillance Devices Act 2004 that shows the text of the law as amended and in force on 7 January 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 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 ART 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 ART member may approve giving of an emergency authorisation for the use of a surveillance device 35A Judge or nominated ART member may approve giving of an emergency authorisation for access to data held in a computer 35B Judge or nominated ART 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 Australian Federal Police Act 1979 Customs Act 1901 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to set out the powers of Commonwealth law enforcement agencies with respect to surveillance devices and access to, and disruption of, data held in computers, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Surveillance Devices Act 2004. 2 Commencement This Act commences on the day on which it receives the Royal Assent. 3 Purposes The main purposes of this Act are: (a) to establish procedures for law enforcement officers to obtain warrants, emergency authorisations and tracking device authorisations for the installation and use of surveillance devices in relation to criminal investigations and the location and safe recovery of children to whom recovery orders relate; and (aaa) to establish procedures for law enforcement officers to obtain warrants and emergency authorisations that: (i) are for access to data held in computers; and (ii) relate to criminal investigations and the location and safe recovery of children to whom recovery orders relate; and (aab) to establish procedures for certain law enforcement officers of the Australian Federal Police or the Australian Crime Commission to obtain warrants and emergency authorisations that: (i) authorise the disruption of data held in computers; and (ii) are likely to substantially assist in frustrating the commission of relevant offences; and (aac) to establish procedures for the chief officer of the Australian Federal Police or the Australian Crime Commission to obtain warrants that: (i) authorise access to data held in computers; and (ii) will substantially assist in the collection of intelligence that relates to criminal networks of individuals; and (aad) to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where the use of the device or the access to the data would be likely to assist in determining whether to apply for a post‑sentence order; and (aae) to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where a Part 5.3 supervisory order is in force, and the use of the device or the access to the data would be likely to substantially assist in: (i) achieving a Part 5.3 object; or (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and (aaf) to establish procedures for law enforcement officers to obtain tracking device authorisations for the use of tracking devices in cases where a Part 5.3 supervisory order is in force in relation to a person, and the use of a tracking device is to obtain information relating to the person for either of the following purposes: (i) achieving a Part 5.3 object; (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and (aag) to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where a community safety supervision order is in force, and the use of the device or the access to the data would be likely to substantially assist in: (i) achieving a Part 9.10 object; or (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and (aah) to establish procedures for law enforcement officers to obtain tracking device authorisations for the use of tracking devices in cases where a community safety supervision order is in force in relation to a person, and the use of a tracking device is to obtain information relating to the person for either of the following purposes: (i) achieving a Part 9.10 object; (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and (b) to restrict the use, communication and publication of information that is obtained through the use of surveillance devices or that is otherwise connected with surveillance device operations; and (ba) to restrict the use, communication and publication of information that is obtained through accessing or disrupting data held in computers or that is otherwise connected with computer data access operations or computer data disruption operations; and (c) to impose requirements for the secure storage and destruction of records, and the making of reports, in connection with surveillance device operations, computer data access operations and computer data disruption operations. 4 Relationship to other laws and matters (1) Except where there is express provision to the contrary, this Act is not intended to affect any other law of the Commonwealth, any law of a State, or any law of a self‑governing Territory, that: (a) prohibits or regulates the use of surveillance devices; or (b) prohibits or regulates access to data held in computers; or (c) prohibits or regulates disruption of data held in computers. (2) For the avoidance of doubt, except where express provision is made to the contrary, nothing in this Act applies to any body, organisation or agency, however described, that is involved in the collection of information or intelligence. (3) This Act is not intended to limit a discretion that a court has: (a) to admit or exclude evidence in any proceeding; or (b) to stay criminal proceedings in the interests of justice. (4) For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation or tracking device authorisation given, under this Act for the installation, use, maintenance or retrieval of a surveillance device in relation to a relevant offence or a recovery order. (4A) For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, under this Act: (a) for access to data held in a computer; and (b) in relation to a relevant offence or a recovery order. (4B) For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, under this Act: (a) for access to, and disruption of, data held in a computer; and (b) in relation to one or more relevant offences. (4C) For the avoidance of doubt, it is intended that a warrant may be issued under this Act: (a) for access to data held in a computer; and (b) in relation to the collection of intelligence that relates to a criminal network of individuals. (5) To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if: (a) consideration is being given, will be given, or is likely to be given, as to whether to apply for a post‑sentence order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or (b) a Part 5.3 supervisory order is in force, and the use of the device or the access to the data would be likely to substantially assist in: (i) achieving a Part 5.3 object; or (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with. (6) To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if: (a) a Part 5.3 supervisory order is in force in relation to the person; and (b) the use is for either of the following purposes: (i) achieving a Part 5.3 object; (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with. (7) To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if: (a) consideration is being given, will be given, or is likely to be given, as to whether to apply for a Part 9.10 order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or (b) a community safety supervision order is in force, and the use of the device or the access to the data would be likely to substantially assist in: (i) achieving a Part 9.10 object; or (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with. (8) To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if: (a) a community safety supervision order is in force in relation to the person; and (b) the use is for either of the following purposes: (i) achieving a Part 9.10 object; (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with. 5 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 6 Definitions (1) In this Act: AFP Minister has the meaning given by section 100.1 of the Criminal Code. applicant for a warrant means the law enforcement officer who applies, or on whose behalf an application is made, for the warrant. appropriate authorising officer: (a) of a law enforcement agency—has the meaning given by subsection 6A(4); or (b) in relation to a law enforcement officer belonging to or seconded to a law enforcement agency—means an appropriate authorising officer of the law enforcement agency. Note: See also subsection (4) of this section (persons who belong or are seconded to the Australian Crime Commission or the National Anti‑Corruption Commission). carrier means: (a) a carrier within the meaning of the Telecommunications Act 1997; or (b) a carriage service provider within the meaning of that Act. chief officer has the meaning given by subsection 6A(2). communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act). community safety detention order has the same meaning as in Division 395 of the Criminal Code. community safety supervision order has the same meaning as in Division 395 of the Criminal Code. computer means all or part of: (a) one or more computers; or (b) one or more computer systems; or (c) one or more computer networks; or (d) any combination of the above. computer access warrant means a warrant issued under section 27C or subsection 35A(4) or (5). confirmed control order has the same meaning as in Part 5.3 of the Criminal Code. control order has the same meaning as in Part 5.3 of the Criminal Code. criminal network of individuals has the meaning given by section 7A. data includes: (a) information in any form; and (b) any program (or part of a program). data disruption intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979. data disruption warrant means a warrant issued under section 27KC or subsection 35B(2) or (3). data held in a computer includes: (a) data held in any removable data storage device for the time being held in a computer; and (b) data held in a data storage device on a computer network of which the computer forms a part. data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer. data surveillance device means any device or program capable of being used to record or monitor the input of information into, or the output of information from, an electronic device for storing or processing information, but does not include an optical surveillance device. detained in custody in a prison has the meaning given by section 100.1 of the Criminal Code. device includes instrument, apparatus and equipment. digital currency has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999. disciplinary proceeding: (a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and (b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979. disrupting data held in a computer means adding, copying, deleting or altering data held in the computer. Note: This expression is used in the provisions of this Act that relate to: (a) data disruption warrants; or (b) emergency authorisations for disruption of data held in a computer. electronically linked group of individuals means a group of 2 or more individuals, where each individual in the group does, or is likely to do, either or both of the following things: (a) use the same electronic service as at least one other individual in the group; (b) communicate with at least one other individual in the group by electronic communication. electronic communication means a communication of information: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (animated or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms; by means of guided and/or unguided electromagnetic energy. electronic service has the same meaning as in Part 15 of the Telecommunications Act 1997. eligible Judge means an eligible Judge within the meaning of section 12. emergency authorisation means an emergency authorisation given under Part 3. emergency authorisation for access to data held in a computer means an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A). emergency authorisation for disruption of data held in a computer means an emergency authorisation given in response to an application under subsection 28(1C). engage in a hostile activity has the same meaning as in Part 5.3 of the Criminal Code. enhancement equipment, in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the surveillance device. executive level has the meaning given by subsection 6A(8). extended supervision order has the meaning given by section 105A.2 of the Criminal Code. federal law enforcement officer means a law enforcement officer mentioned in column 3 of the table in subsection 6A(6). foreign country, when used in the expression hostile activity in a foreign country, has the same meaning as in the Criminal Code. general computer access intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979. IGIS official means: (a) the Inspector‑General of Intelligence and Security; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015. Immigration Minister means the Minister administering the Migration Act 1958. Independent Commission Against Corruption means the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales. inspecting officer means a person appointed by the Ombudsman under section 54 to be an inspecting officer. install includes attach. integrity authority means: (a) an integrity testing controlled operations authority under Part IAB of the Crimes Act 1914 authorising a controlled operation under that Part; or (b) an integrity testing authority under Part IABA of the Crimes Act 1914 authorising an integrity testing operation under that Part. integrity operation means: (a) a controlled operation authorised by an integrity testing controlled operation authority granted under Part IAB of the Crimes Act 1914; or (b) an integrity testing operation authorised by an integrity testing authority granted under Part IABA of the Crimes Act 1914. intercepting a communication passing over a telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979. interim control order has the same meaning as in Part 5.3 of the Criminal Code. interim supervision order has the meaning given by section 105A.2 of the Criminal Code. international assistance application means: (a) an application for a surveillance device warrant; or (b) an application for a computer access warrant; made under an international assistance authorisation. international assistance authorisation means: (a) an authorisation under subsection 15CA(1) or 15CC(1) of the Mutual Assistance in Criminal Matters Act 1987; or (b) an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or (c) an authorisation under subsection 32A(1) of the International War Crimes Tribunals Act 1995. International Criminal Court has the same meaning as ICC in the International Criminal Court Act 2002. investigative proceeding has the same meaning as in the Mutual Assistance in Criminal Matters Act 1987. law enforcement agency has the meaning given by subsection 6A(1). law enforcement officer has the meaning given by subsection 6A(3). listening device means any device capable of being used to overhear, record, monitor or listen to a conversation or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit that person to hear only sounds ordinarily audible to the human ear. maintain, in relation to a surveillance device, includes: (a) adjust, relocate, repair or service the device; and (b) replace a faulty device. member of the staff, in relation to the Independent Commission Against Corruption of South Australia, means a person who is engaged under subsection 12(1) of the Independent Commission Against Corruption Act 2012 (SA). National Anti‑Corruption Commission officer means a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022). network activity warrant means a warrant issued under section 27KM. network activity warrant intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979. nominated ART member means a person in respect of whom a nomination under section 13 is in force. offence has a meaning affected by subsection (5). Ombudsman means the person holding office as the Commonwealth Ombudsman under the Ombudsman Act 1976. Ombudsman official means: (a) the Ombudsman; or (b) a Deputy Commonwealth Ombudsman; or (c) a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976. optical surveillance device means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment. Part 5.3 information has the meaning given by subsection 50A(6). Part 5.3 object means: (a) in relation to a control order—any of the following: (i) the protection of the public from a terrorist act; (ii) the prevention of the provision of support for, or the facilitation of, a terrorist act; (iii) the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or (b) in relation to an extended supervision order or interim supervision order in relation to a person—the protection of the community from the unacceptable risk of the person committing a serious Part 5.3 offence. Part 5.3 supervisory order means: (a) a control order; or (b) an extended supervision order or an interim supervision order. Note: In Part 5.3 of the Criminal Code, a control order means an interim control order or a confirmed control order (see subsection 100.1(1) of the Criminal Code). Part 5.3 warrant means a surveillance device warrant or computer access warrant: (a) issued to determine whether to apply for a post‑sentence order; or (b) issued in relation to a Part 5.3 supervisory order that is or was in force. Part 9.10 information has the meaning given by subsection 50A(6). Part 9.10 object means the protection of the community from serious harm by addressing the unacceptable risk of a serious offender committing a serious violent or sexual offence. Part 9.10 order means a community safety detention order or a community safety supervision order. Part 9.10 warrant means a surveillance device warrant or computer access warrant: (a) issued to determine whether to apply for a Part 9.10 order; or (b) issued in relation to a community safety supervision order that is or was in force. post‑sentence detention law means any of the following laws: (a) Part 3 of the Terrorism (High Risk Offenders) Act 2017 (NSW); (b) Parts 5 and 6 of the Serious Offenders Act 2018 (Vic.); (c) Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA); (d) any other law, or part of a law, of a State or Territory prescribed by the regulations. post‑sentence order means a continuing detention order, an interim detention order, an extended supervision order, or an interim supervision order, under Division 105A of the Criminal Code. post‑sentence supervision law means any of the following laws: (a) Part 2 of the Terrorism (High Risk Offenders) Act 2017 (NSW); (b) Parts 3 and 4 of the Serious Offenders Act 2018 (Vic.); (c) Part 2 of the Criminal Law (High Risk Offenders) Act 2015 (SA); (d) any other law, or part of a law, of a State or Territory prescribed by the regulations. premises includes: (a) land; and (b) a building or vehicle; and (c) a part of a building or vehicle; and (d) any place, whether built on or not; whether within or beyond Australia. preventative detention order law means: (a) Division 105 of the Criminal Code; or (b) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW); or (c) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.); or (d) the Terrorism (Preventative Detention) Act 2005 (Qld); or (e) the Terrorism (Preventative Detention) Act 2006 (WA); or (f) the Terrorism (Preventative Detention) Act 2005 (SA); or (g) the Terrorism (Preventative Detention) Act 2005 (Tas.); or (h) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT); or (i) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT). prosecution, in relation to a criminal offence, includes all stages in the prosecution of that offence, including a committal hearing. protected information has the meaning given in section 44. protected network activity warrant information has the meaning given by section 44A. public officer means a person employed by, or holding an office established by or under a law of, the Commonwealth, a State or a Territory or a person employed by a public authority of the Commonwealth, a State or a Territory. record includes: (a) an audio, visual or audio‑visual record; and (b) a record in digital form; and (c) a documentary record prepared from a record referred to in paragraph (a) or (b). recovery order means: (a) an order under section 67U of the Family Law Act 1975; or (b) an order for a warrant for the apprehension or detention of a child under subregulation 15(1) or 25(4) of the Family Law (Child Abduction Convention) Regulations 1986. relevant offence means: (a) an offence against the law of the Commonwealth that is punishable by a maximum term of imprisonment of 3 years or more or for life; or (b) an offence against a law of a State that has a federal aspect and that is punishable by a maximum term of imprisonment of 3 years or more or for life; or (c) an offence against section 15 of the repealed Financial Transaction Reports Act 1988; or (ca) an offence against section 53, former section 59 or section 139, 140 or 141 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or (d) an offence against section 100, 100A, 100B, 101, 101A or 101AA of the Fisheries Management Act 1991; or (da) an offence against section 46A, 46C, 46D, 49A or 51A of the Torres Strait Fisheries Act 1984; or (db) if a surveillance device warrant, a computer access warrant, or a tracking device authorisation, is issued or given (or is sought) for the purposes of an integrity operation in relation to a suspected offence against the law of the Commonwealth, or of a State or Territory, that is punishable by a maximum term of imprisonment of 12 months or more or for life—that offence; or (e) an offence that is prescribed by the regulations. relevant proceeding means: (a) the prosecution of a relevant offence; or (b) a proceeding for the confiscation, forfeiture or restraint of property, or for the imposition of a pecuniary penalty, in connection with a relevant offence, and any related proceeding; or (c) a proceeding for the protection of a child or intellectually impaired person; or (d) a proceeding concerning the validity of a warrant, an emergency authorisation or a tracking device authorisation; or (e) a disciplinary proceeding against a public officer; or (f) a coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence; or (g) a proceeding under subsection 13(2) of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding, being an offence punishable by a maximum term of imprisonment of 3 years or more, by imprisonment for life or by the death penalty; or (h) the authorisation, under section 13A of the Mutual Assistance in Criminal Matters Act 1987, of material to be made available to a foreign country for use in the investigation into, or proceedings in relation to, an offence against the laws of that country; or (i) proceedings for an order under section 67X of the Family Law Act 1975; or (j) a proceeding for the taking of evidence under section 43 of the Extradition Act 1988, in so far as the proceeding relates to a relevant offence; or (k) a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995; or (l) a proceeding of the International Criminal Court; or (m) a proceeding by way of a bail application that relates to a prosecution for a relevant offence; or (n) a proceeding for review of a decision to refuse such a bail application; or (o) a proceeding for review of a decision to grant such a bail application; or (oa) a proceeding under, or related to a matter arising under, Division 105A of the Criminal Code (post‑sentence orders) or Division 395 of the Criminal Code (community safety orders); or (p) a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or (q) a proceeding under, or a proceeding relating to a matter arising under, Division 104 of the Criminal Code (Control orders); or (r) a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that preventative detention order law); or (s) a proceeding under, or a proceeding relating to a matter arising under, a post‑sentence detention law or a post‑sentence supervision law. remote application for a warrant means an application referred to in section 15, 23, 27B, 27KB or 27KL. report of a conversation or activity includes a report of the substance, meaning or purport of the conversation or activity. retrieval warrant means a warrant issued under Division 3 of Part 2. serious offender has the same meaning as in Division 395 of the Criminal Code. serious Part 5.3 offence has the meaning given by section 105A.2 of the Criminal Code. serious violent or sexual offence has the same meaning as in Division 395 of the Criminal Code. State offence that has a federal aspect has the meaning given by section 7. State or Territory law enforcement officer means a law enforcement officer mentioned in column 3 of the table in subsection 6A(7). succeeding community safety supervision order has the meaning given by section 6F. succeeding Part 5.3 supervisory order has the meaning given by section 6D. superior Court Judge means: (a) a Judge of the Federal Court of Australia; or (b) a Judge of the Federal Circuit and Family Court of Australia (Division 1). surveillance device means: (a) a data surveillance device, a listening device, an optical surveillance device or a tracking device; or (b) a device that is a combination of any 2 or more of the devices referred to in paragraph (a); or (c) a device of a kind prescribed by the regulations. surveillance device warrant means a warrant issued under Division 2 of Part 2 or under subsection 35(4) or (5). sworn includes affirmed. target agency means any of the following: (a) the Australian Federal Police; (b) the Australian Crime Commission; (c) the Immigration and Border Protection Department; (d) any other Commonwealth agency (within the meaning of the National Anti‑Corruption Commission Act 2022). telecommunications facility means a facility within the meaning of the Telecommunications Act 1997. terrorist act has the same meaning as in Part 5.3 of the Criminal Code. terrorist offender has the meaning given by section 105A.2 of the Criminal Code. tracking device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object. tracking device authorisation means a permission given under section 39 by an appropriate authorising officer for a law enforcement officer to use or retrieve a tracking device without a warrant. unsworn application for a warrant means an application referred to in subsections 14(6) and (7), 22(4) and (5), 27A(9) and (10), 27A(11) and (12), 27A(13), (13A) and (14), 27KA(4) and (5) or 27KK(5) and (6). use of a surveillance device includes use of the device to record a conversation or other activity. vehicle includes aircraft and vessel. War Crimes Tribunal has the same meaning as Tribunal in the International War Crimes Tribunals Act 1995. warrant means: (a) a surveillance device warrant; or (b) a retrieval warrant; or (c) a computer access warrant; or (d) a data disruption warrant; or (e) a network activity warrant. (2) In this Act, a reference to the law enforcement officer primarily responsible for executing a warrant, emergency authorisation or tracking device authorisation is, subject to subsection (3), a reference to: (a) the person named in the warrant or authorisation as such a person; or (b) if there is no such person named—the person nominated as such a person by the chief officer of the agency concerned; whether or not that person is physically present for any step in the execution of the warrant or authorisation. (3) If the chief officer of a law enforcement agency becomes satisfied that a law enforcement officer of the agency who is, under subsection (2) or under a previous operation of this subsection, the law enforcement officer primarily responsible for executing a warrant, emergency authorisation or tracking device authorisation, ceases, for any reason, to have responsibility for executing the warrant or authorisation: (a) the chief officer may, by instrument in writing, nominate another person as the law enforcement officer primarily responsible for executing the warrant or authorisation; and (b) with effect from the execution of the instrument or such later time as is specified in the instrument, that other person becomes the law enforcement officer primarily responsible for executing the warrant or authorisation. (4) In this Act: (a) a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the Australian Crime Commission, is a reference to any person who is covered by a paragraph of the definition of member of the staff of the ACC in section 4 of the Australian Crime Commission Act 2002; and (b) a reference to a person who belongs or is seconded to the Australian Crime Commission is to be similarly construed; and (c) a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the National Anti‑Corruption Commission, is a reference to a National Anti‑Corruption Commission officer; and (d) a reference to a person who belongs or is seconded to the National Anti‑Corruption Commission is to be similarly construed. (5) To avoid doubt, a reference in this Act to an offence in relation to: (a) an international assistance authorisation that is an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or (b) an international assistance application that is related to such an authorisation; is a reference to a crime within the jurisdiction of the ICC (within the meaning of that Act). 6A Law enforcement agencies (1) A body or officer mentioned in an item of column 1 of the table in subsection (6) or (7) is a law enforcement agency. (2) The chief officer, of the law enforcement agency, is the person mentioned in column 2 of the item. (3) A law enforcement officer, in relation to the law enforcement agency, is a person mentioned in column 3 of the item. (4) An appropriate authorising officer, of the law enforcement agency, is a person mentioned in column 4 of the item. (5) The chief officer of the law enforcement agency may authorise, in writing, a person to be an appropriate authorising officer of the agency if column 4 of the item so provides. (6) This table deals with federal law enforcement agencies: Federal law enforcement agencies Column 1 Column 2 Column 3 Column 4 Law enforcement agency Chief officer Law enforcement officer Appropriate authorising officer 5 Australian Federal Police the Commissioner of Police (a) the Commissioner of Police; or (a) the Commissioner of Police; or (b) a Deputy Commissioner of Police; or (b) a Deputy Commissioner of Police; or (c) an AFP employee (within the meaning of the Australian Federal Police Act 1979); or (c) a senior executive AFP employee the chief officer authorises under subsection (5) (d) a special member; or (e) a person seconded to the Australian Federal Police 10 National Anti‑Corruption Commission the National Anti‑Corruption Commissioner (a) the National Anti‑Corruption Commissioner; or (a) the National Anti‑Corruption Commissioner; or (b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (c) a National Anti‑Corruption Commission officer authorised under section 6B (c) a National Anti‑Corruption Commission officer who is an SES employee the chief officer authorises under subsection (5) 15 Australian Crime Commission the Chief Executive Officer of the Commission (a) the Chief Executive Officer; or (a) the Chief Executive Officer; or (b) a person covered by a paragraph of the definition of member of the staff of the ACC in section 4 of the Australian Crime Commission Act 2002 (b) an executive level member of the staff of the ACC the chief officer authorises under subsection (5) (7) This table deals with State and Territory law enforcement agencies: State and Territory law enforcement agencies Column 1 Column 2 Column 3 Column 4 Law enforcement agency Chief officer Law enforcement officer Appropriate authorising officer 5 police force of a State or Territory the Commissioner of Police in the police force, or the person holding equivalent rank (a) an officer (however described) of the police force; or (a) the Commissioner or the person holding equivalent rank; or (b) a person seconded to the police force (b) an Assistant Commissioner or a person holding equivalent rank; or (c) a Superintendent or a person holding equivalent rank 10 Independent Commission Against Corruption of New South Wales the Chief Commissioner of the Commission an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) (a) the Chief Commissioner; or (b) a Commissioner; or (c) an Assistant Commissioner; or (d) an executive level officer of the Commission whom the chief officer authorises under subsection (5) 15 New South Wales Crime Commission the Commissioner for the Commission (a) a member of the Commission; or (a) a member of the Commission; or (b) a member of the staff of the Commission; (b) an executive level member of the Staff of the Commission the chief officer authorises under subsection (5) (within the meaning of the New South Wales Crime Commission Act 1985 (NSW)) 20 Law Enforcement Conduct Commission of New South Wales the Chief Commissioner of the Commission an officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) (a) the Chief Commissioner; or (b) the Commissioner for Integrity; or (c) an Assistant Commissioner, or an executive level member of staff of the Commission (within the meaning of that Act), the chief officer authorises under subsection (5) 22 Independent Broad‑based Anti‑corruption Commission of Victoria the Commissioner of the Commission an IBAC Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) (a) the Commissioner; or (b) a Deputy Commissioner of the Commission; or (c) the Chief Executive Officer of the Commission; or (d) an executive level sworn IBAC Officer (within the meaning of that Act) the chief officer authorises under subsection (5) 25 Crime and Corruption Commission of Queensland the chairman of the Commission an authorised commission officer (within the meaning of the Crime and Corruption Act 2001 (Qld)) (a) the chairman; or (b) a senior executive officer (within the meaning of that Act) 30 Corruption and Crime Commission of Western Australia the Commissioner of the Commission an officer of the Commission (within the meaning of the Corruption and Crime Commission Act 2003 (WA)) the Commissioner 35 Independent Commission Against Corruption of South Australia the Commissioner of the Commission (a) the Commissioner; or (a) the Commissioner; or (b) the Deputy Commissioner; or (b) the Deputy Commissioner; or (c) a member of the staff of the Commission; or (c) an executive level member of the staff of the Commission the chief officer authorises under subsection (5) (d) an examiner or investigator (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)) of the Commission (8) A person is executive level, in relation to a law enforcement agency of a State, if the person occupies an office or position at an equivalent level to that of: (a) if the State is New South Wales—a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 (NSW)); or (aa) if the State is Victoria—an executive (within the meaning of the Public Administration Act 2004 (Vic.)); or (b) if the State is South Australia—an executive employee (within the meaning of the Public Sector Act 2009 (SA)). 6B Authorisation of law enforcement officer The National Anti‑Corruption Commissioner may authorise, in writing, a National Anti‑Corruption Commission officer to be a law enforcement officer of the National Anti‑Corruption Commission. 6C When a Part 5.3 supervisory order is taken to be in force For the purposes of this Act, a Part 5.3 supervisory order is taken to be in force in relation to a person if: (a) the order is a control order that has been made but has not yet come into force because: (i) it has not been served on the person; or (ii) the person is detained in custody in a prison; or (b) the order is an extended supervision order or an interim supervision order that has been made but the period specified in the order under paragraph 105A.7A(4)(d) or 105A.9A(7)(c) of the Criminal Code has not yet begun. 6D Succeeding Part 5.3 supervisory orders (1) If 2 or more successive control orders are made in relation to the same person, each later control order is a succeeding Part 5.3 supervisory order in relation to each earlier control order. Note: If an interim control order is confirmed, the confirmed control order is a succeeding Part 5.3 supervisory order in relation to the interim control order (see the definition of control order in section 6). (2) If an interim supervision order is made in relation to a person, any later extended supervision order in relation to the person is a succeeding Part 5.3 supervisory order in relation to an earlier interim supervision order. (3) If 2 or more successive extended supervision orders or interim supervision orders are made in relation to the same person, each later extended supervision order or interim supervision order is a succeeding Part 5.3 supervisory order in relation to each earlier extended supervision order or interim supervision order. 6E When a community safety supervision order is taken to be in force For the purposes of this Act, a community safety supervision order is taken to be in force in relation to a person if the order has been made but the period specified in the order under paragraph 395.13(5)(d) of the Criminal Code has not yet begun. 6F Succeeding community safety supervision order (1) If a community safety supervision order is made in relation to a person, any later community safety supervision order in relation to the person is a succeeding community safety supervision order in relation to an earlier community safety supervision order. (2) If 2 or more successive community safety supervision orders are made in relation to the same person, each later community safety supervision order is a succeeding community safety supervision order in relation to each earlier community safety supervision order. 7 State offence that has a federal aspect An offence against a law of a State is taken, for the purposes of this Act, to be a State offence that has a federal aspect: (a) in a case where the offence is being investigated by the Australian Federal Police—if it would be taken to be a State offence that has a federal aspect under section 4AA of the Australian Federal Police Act 1979; and (b) in a case where the offence is being investigated by the Australian Crime Commission—if it would be taken to be a State offence that has a federal aspect under section 4A of the Australian Crime Commission Act 2002; and (c) in any other case—if it would be taken to be a State offence that has a federal aspect if either of the sections referred to in paragraphs (a) and (b) were to apply. 7A Criminal network of individuals (1) For the purposes of this Act, a criminal network of individuals is an electronically linked group of individuals, where: (a) in a case where each individual in the group uses, or is likely to use, the same electronic service as at least one other individual in the group—the use of that electronic service enables any of the individuals in the group to: (i) engage in conduct that constitutes a relevant offence; or (ii) communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or (iii) facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or (iv) communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or (b) in a case where each individual in the group communicates with at least one other individual in the group by electronic communication—the electronic communication enables any of the individuals in the group to: (i) engage in conduct that constitutes a relevant offence; or (ii) communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or (iii) facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or (iv) communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence. (2) For the purposes of subsection (1), it is immaterial whether: (a) the identities of the individuals in the group can be ascertained; or (b) the details of the relevant offences can be ascertained; or (c) there are likely to be changes, from time to time, in the composition of the group. 8 External Territories This Act extends to every external Territory. 9 Binding the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. Part 2—Warrants Division 1—Introduction 10 Types of warrant (1) The following types of warrant may be issued under this Part: (a) a surveillance device warrant; (b) a retrieval warrant; (c) a computer access warrant; (d) a data disruption warrant; (e) a network activity warrant. (2) A surveillance device warrant or a retrieval warrant may be issued: (a) in respect of more than one kind of surveillance device; and (b) in respect of more than one surveillance device of any particular kind. 11 Who may issue etc. warrants? (1) Any warrant under this Pa