Surveillance Devices Act 2004

In this Act:

any information obtained from the use of a surveillance device under a warrant (other than a network activity warrant), an emergency authorisation or a tracking device authorisation; or

any information (other than general computer access intercept information) obtained from access to data under:

a computer access warrant; or

an emergency authorisation for access to data held in a computer; or

any information (other than data disruption intercept information) obtained from access to, or disruption of, data under:

a data disruption warrant; or

an emergency authorisation for disruption of data held in a computer; or

any information relating to:

an application for, the issue of, the existence of, or the expiration of, a warrant (other than a network activity warrant), an emergency authorisation or a tracking device authorisation; or

an application for approval of powers exercised under an emergency authorisation; or

any information that is likely to enable the identification of a person, object or premises specified in a warrant (other than a network activity warrant), an emergency authorisation or a tracking device authorisation; or

any other information obtained by a law enforcement officer:

without the authority of a warrant (other than a network activity warrant) or a tracking device authorisation; or

without the authority of an emergency authorisation that was subsequently approved; or

in a case where the information was obtained (otherwise than purportedly under a network activity warrant) through the use of a surveillance device in a foreign country, or on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limit of Australia’s territorial sea—without the agreement of the appropriate consenting official of that foreign country, and of any other foreign country, whose agreement is required under section 42; or

in a case where the information was obtained, purportedly under a computer access warrant or an emergency authorisation for access to data held in a computer, through access to data held in a computer in a foreign country, or on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limit of Australia’s territorial sea—without the agreement of the appropriate consenting official of that foreign country, and of any other foreign country, whose agreement is required under section 43A; or

in a case where the information was obtained, purportedly under a data disruption warrant or an emergency authorisation for disruption of data held in a computer, through access to, or disruption of, data held in a computer in a foreign country, or on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limit of Australia’s territorial sea—without the agreement of the appropriate consenting official of that foreign country, and of any other foreign country, whose agreement is required under section 43C;

For protection of general computer access intercept information, see Part 2‑6 of the Telecommunications (Interception and Access) Act 1979.

For protection of data disruption intercept information, see Part 2‑6 of the Telecommunications (Interception and Access) Act 1979.

For the avoidance of doubt, information obtained under an emergency authorisation falls under paragraph (a) and not paragraph (d) of the definition of protected information unless:

an eligible Judge or nominated ART member refuses to approve the giving of the emergency authorisation; or

contrary to the requirement of section 33, no application for such an approval has been made.