Notification to Ombudsman or IGIS of things done under a data disruption warrant
49C Notification to Ombudsman or IGIS of things done under a data disruption warrant
Notification of thing done under warrant
Subsection (2) applies if:
a data disruption warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and
a thing mentioned in subsection 27KE(2) was done under the warrant.
The chief officer of the law enforcement agency must notify the person mentioned in subsection (5):
that the warrant was issued; and
of the fact that the thing was done under the warrant;
within 7 days after the thing was done.
Notification of material loss or damage
Subsection (4) applies if:
a data disruption warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and
the person executing the warrant becomes aware that a thing mentioned in subsection 27KE(2) that was done under the warrant has caused material loss or damage to one or more persons lawfully using a computer.
The chief officer of the law enforcement agency must notify the person mentioned in subsection (5):
that the thing has caused material loss or damage to one or more persons lawfully using a computer; and
of the particulars of that loss or damage;
within 7 days after the person executing the warrant became so aware.
Relevant person agency must notify
For the purposes of subsections (2) and (4), the person is:
if the law enforcement agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security; and
otherwise—the Ombudsman.
This Act’s bill:Explanatory memorandum
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