Simplified outline of this Part
3ZZUJ Simplified outline of this Part
• An account takeover warrant may be issued by a magistrate.
• An account takeover warrant authorises the Australian Federal Police or the ACC to take control of one or more online accounts.
• The applicant for an account takeover warrant must suspect on reasonable grounds that:
one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and
an investigation into those offences is being, will be, or is likely to be, conducted; and
taking control of the online accounts is necessary, in the course of that investigation, for the purpose of enabling evidence to be obtained of the commission of those offences.
• An emergency authorisation for taking control of an online account may be given by an appropriate authorising officer.
• An emergency authorisation is subject to approval by a magistrate.
• A magistrate may make an order requiring a person to provide any information or assistance that is reasonable and necessary to allow a law enforcement officer to take control of an online account that is the subject of an account takeover warrant or emergency authorisation.
• A person must not use or disclose information that:
was obtained under an account takeover warrant or emergency authorisation; or
relates to an application for, the issue of, the existence of, or the expiration of, an account takeover warrant or emergency authorisation; or
relates to an application for approval of the giving of an emergency authorisation.
• The Australian Federal Police and the ACC must comply with reporting and record keeping requirements relating to account takeover warrants and emergency authorisations.
• The Ombudsman must inspect the records of the Australian Federal Police to determine the extent of compliance with this Part by:
the Australian Federal Police; and
law enforcement officers of the Australian Federal Police.
• The Inspector‑General of Intelligence and Security inspects the records of the ACC, in relation to the ACC’s compliance with this Part, under the Inspector‑General of Intelligence and Security Act 1986.
This Part confers non‑judicial functions and powers on magistrates. Section 4AAA deals with the conferral of non‑judicial functions and powers on magistrates.
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