Surveillance Devices Act 2004

The chief officer of the Australian Federal Police or the Australian Crime Commission may apply for the issue of a network activity warrant if the chief officer suspects on reasonable grounds that:

a group of individuals is a criminal network of individuals; and

access to data held in a computer (the target computer) that is, from time to time, used, or likely to be used, by any of the individuals in the group will substantially assist in the collection of intelligence that:

relates to the group or to any of the individuals in the group; and

is relevant to the prevention, detection or frustration of one or more kinds of relevant offences.

For the purposes of subsection (1), it is immaterial whether:

the identities of the individuals in the group can be ascertained; or

the target computer can be identified; or

the location of the target computer can be identified; or

there are likely to be changes, from time to time, in the composition of the group.

An application under subsection (1) may be made to an eligible Judge or to a nominated ART member.

An application:

must specify:

the name of the applicant; and

the nature and duration of the warrant sought; and

subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

If the chief officer of the Australian Federal Police or the Australian Crime Commission believes that:

immediate access to data held in the target computer referred to in subsection (1) will substantially assist as described in paragraph (1)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made by the chief officer;

If subsection (5) applies, the applicant must:

provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member, whether or not a warrant has been issued.

The target computer referred to in subsection (1):

must be a computer that is, from time to time, used or likely to be used by an individual (whose identity may or may not be known); and

may be one or more of the following:

a particular computer;

a computer that is, from time to time, on particular premises.