SURVEILLANCE DEVICES ACT 2004 - SECT 44 What is protected information?
SURVEILLANCE DEVICES ACT 2004 - SECT 44
What is protected information?"protected information" means:
(a) 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
(aa) any information (other than general computer access intercept information) obtained from access to data under:
(i) a computer access warrant; or
(ii) an emergency authorisation for access to data held in a computer; or
(ab) any information (other than data disruption intercept information) obtained from access to, or disruption of, data under:
(i) a data disruption warrant; or
(ii) an emergency authorisation for disruption of data held in a computer; or
(b) any information relating to:
(i) 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
(ii) an application for approval of powers exercised under an emergency authorisation; or
(c) 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
(d) any other information obtained by a law enforcement officer:
(i) without the authority of a warrant (other than a network activity warrant) or a tracking device authorisation; or
(ii) without the authority of an emergency authorisation that was subsequently approved; or
(iii) 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
(iv) 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
(v) 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;
in contravention of the requirement for a warrant (other than a network activity warrant), tracking device authorisation or emergency authorisation.
Note 1: For protection of general computer access intercept information, see Part 2 - 6 of the Telecommunications (Interception and Access) Act 1979 .
Note 2: For protection of data disruption intercept information, see Part 2 - 6 of the Telecommunications (Interception and Access) Act 1979 .
(2) 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:
(a) an eligible Judge or nominated AAT member refuses to approve the giving of the emergency authorisation; or
(b) contrary to the requirement of section 33, no
application for such an approval has been made.