(1) The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Division.
(2) An appointment under subsection (1) must be in writing.
3ZZUB Inspection of records by the Ombudsman
(1) The Ombudsman may inspect the records of the Australian Federal Police to determine the extent of compliance by the Australian Federal Police and members and special members of the Australian Federal Police with the provisions of:
(a) this Part; or
(b) monitoring warrants.
(2) For the purpose of an inspection under this section, the Ombudsman:
(a) may, after notifying the Commissioner, enter at any reasonable time premises occupied by the Australian Federal Police; and
(b) is entitled to have full and free access at all reasonable times to all records of the Australian Federal Police that are relevant to the inspection; and
(c) may require a staff member of the Australian Federal Police to give the Ombudsman any information that the Ombudsman considers necessary, being information that is in the staff member’s possession, or to which the staff member has access, and that is relevant to the inspection.
(3) The Commissioner must ensure that staff members of the Australian Federal Police give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section.
3ZZUC Power to obtain relevant information
(1) If the Ombudsman has reasonable grounds to believe that a staff member of the Australian Federal Police is able to give information relevant to an inspection under this Division, subsections (2) and (3) have effect.
(2) The Ombudsman may, by writing given to the staff member, require the staff member to give the information to the Ombudsman:
(a) by writing signed by the staff member; and
(b) at a specified place and within a specified period.
(3) The Ombudsman may, by writing given to the staff member, require the staff member to attend:
(a) before a specified inspecting officer; and
(b) at a specified place; and
(c) within a specified period or at a specified time on a specified day;
to answer questions relevant to the inspection.
(4) If the Ombudsman:
(a) has reasonable grounds to believe that a staff member of the Australian Federal Police is able to give information relevant to an inspection under this Division; and
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the Ombudsman may, by writing given to the Commissioner, require the Commissioner, or a person nominated by the Commissioner, to attend:
(c) before a specified inspecting officer; and
(d) at a specified place; and
(e) within a specified period or at a specified time on a specified day;
to answer questions relevant to the inspection.
(5) The place, and the period or the time and day, specified in a requirement under this section, must be reasonable having regard to the circumstances in which the requirement is made.
3ZZUD Offence
A person commits an offence if:
(a) the person is required under section 3ZZUC to attend before another person, to give information or to answer questions; and
(b) the person refuses or fails to do so.
Penalty: Imprisonment for 6 months.
3ZZUE Ombudsman to be given information etc. despite other laws
(1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:
(a) would contravene a law; or
(b) would be contrary to the public interest; or
(c) might tend to incriminate the person or make the person liable to a penalty; or
(d) would disclose one of the following:
(i) a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976);
(ii) a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976) and another person or body, being a communication protected against disclosure by legal professional privilege.
(2) However, if the person is a natural person:
(a) the information, the answer, or the fact that the person has given access to the document, as the case may be; and
(b) any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;
are not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against Part 7.4 or 7.7 of the Criminal Code.
(3) Nothing in any other law prevents a staff member of the Australian Federal Police from:
(a) giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
(b) giving access to a record of the Australian Federal Police to the Ombudsman or an inspecting officer;
for the purposes of an inspection under this Division.
(4) Nothing in any other law prevents a staff member of the Australian Federal Police from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3).
(5) The fact that a person is not excused under subsection (1) from giving information, answering a question or producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.
3ZZUF Exchange of information between Ombudsman and State or Territory inspecting authorities
(1) The Ombudsman may give information that:
(a) relates to a State or Territory agency; and
(b) was obtained by the Ombudsman under this Division;
to the State or Territory inspecting authority in relation to the agency.
(2) The Ombudsman may only give information to an authority under subsection (1) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
(3) The Ombudsman may receive from a State or Territory inspecting authority information relevant to the performance of the Ombudsman’s functions under this Division.
(4) In this Part:
State or Territory agency means the police force or police service of a State or Territory.
State or Territory inspecting authority, in relation to a State or Territory agency, means the authority that, under the law of the State or Territory concerned, has the function of making inspections of a similar kind to those provided for in section 3ZZUB.
3ZZUG Ombudsman not to be sued
(1) The Ombudsman, an inspecting officer, or a person acting under an inspecting officer’s direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of a function or power conferred by this Division.
(2) A reference in this section to the Ombudsman includes a reference to a Deputy Ombudsman or a delegate of the Ombudsman.
3ZZUH Annual report
(1) The Ombudsman must, as soon as practicable after the end of each financial year, prepare and give to the Minister a report on the results of any inspections under section 3ZZUB in the year.
Note: The report is included in a report under section 104.29 of the Criminal Code.
(2) The report must include the number of contraventions by the Australian Federal Police and members and special members of the Australian Federal Police of the provisions of:
(a) this Part; or
(b) monitoring warrants;
identified by the Ombudsman in the year.
(3) The Ombudsman must give a copy of a report under this section to the Commissioner.
(4) A report under this section must not include information which, if made public, could reasonably be expected to:
(a) endanger a person’s safety; or
(b) prejudice an investigation, or prosecution, of an offence; or
(c) compromise the operational activities or methodologies of:
(i) the Australian Federal Police; or
(ii) any other Commonwealth, State, Territory or foreign law enforcement, intelligence or security agency.
Part IAABA—Monitoring of compliance with community safety supervision orders etc.
3ZZUHA Simplified outline of this Part
This Part affects how Part IAAB operates, so that that Part (with some modifications set out in this Part) also applies in relation to community safety supervision orders made under Division 395 of the Criminal Code.
3ZZUHB Definitions
In this Part:
community safety supervision order has the same meaning as in Division 395 of the Criminal Code.
Part 9.10 object means the protection of the community from serious harm by addressing the unacceptable risk of a serious offender committing a serious violent or sexual offence.
serious offender has the same meaning as in Division 395 of the Criminal Code.
serious violent or sexual offence has the same meaning as in Division 395 of the Criminal Code.
3ZZUHC Application of Part IAAB to community safety supervision orders
(1) Part IAAB (other than section 3ZZJA or 3ZZJB) applies as if:
(a) a reference to a Part 5.3 supervisory order included a reference to a community safety supervision order; and
(b) a reference to a Part 5.3 object included a reference to a Part 9.10 object.
(2) Subsection 3ZZOA(4) applies as if the following paragraph were inserted after paragraph (b) of that subsection:
(c) in relation to a community safety supervision order—the possibility that the person has committed, is committing, or will commit, a serious violent or sexual offence;
(3) Paragraph 3ZZOA(5)(l) applies as if the following subparagraph were inserted before subparagraph (i) of that paragraph:
(ia) a community safety supervision order; or
(4) Subsection 3ZZOA(5) applies as if the following paragraph were inserted after paragraph (q) of that subsection:
(qa) for a community safety supervision order:
(i) specify when the community safety supervision order comes into force; and
(ii) specify the end of the period during which the community safety supervision order is in force; and
(5) Subsection 3ZZOB(4) applies as if the following paragraph were inserted after paragraph (c) of that subsection:
(d) in relation to a community safety supervision order—the possibility that the person has committed, is committing, or will commit, a serious violent or sexual offence;
(6) Paragraph 3ZZOB(5)(j) applies as if the following subparagraph were inserted before subparagraph (i) of that paragraph:
(ia) a community safety supervision order; or
(7) Subsection 3ZZOB(5) applies as if the following paragraph were inserted after paragraph (o) of that subsection:
(oa) for a community safety supervision order:
(i) specify when the community safety supervision order comes into force; and
(ii) specify the end of the period during which the community safety supervision order is in force; and
(8) Paragraph 3ZZOD(1)(b) applies as if the following subparagraph were inserted after subparagraph (iii) of that paragraph:
(iiia) the community safety supervision order is revoked and no further community safety supervision order is made in relation to the serious offender;
Part IAAC—Account takeover warrants
Division 1—Introduction
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:
(a) one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and
(b) an investigation into those offences is being, will be, or is likely to be, conducted; and
(c) 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:
(a) was obtained under an account takeover warrant or emergency authorisation; or
(b) relates to an application for, the issue of, the existence of, or the expiration of, an account takeover warrant or emergency authorisation; or
(c) 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 and the ACC to determine the extent of compliance with this Part by:
(a) the Australian Federal Police and the ACC; and
(b) law enforcement officers.
Note: This Part confers non‑judicial functions and powers on magistrates. Section 4AAA deals with the conferral of non‑judicial functions and powers on magistrates.
3ZZUK Definitions
In this Part:
account has the same meaning as in the Online Safety Act 2021.
account‑based data has the same meaning as in Part IAA.
account credentials means information that a user of an online account requires in order to access or operate the account, and includes (for example) each of the following:
(a) a username;
(b) a password;
(c) a PIN;
(d) a security question or answer;
(e) a biometric form of identification.
account takeover warrant means a warrant issued under section 3ZZUP or subsection 3ZZVC(2) or (3).
appropriate authorising officer has the meaning given by section 3ZZUM.
carrier means:
(a) a carrier within the meaning of the Telecommunications Act 1997; or
(b) a carriage service provider within the meaning of that Act.
chief officer means the following:
(a) in relation to the Australian Federal Police—the Commissioner of the Australian Federal Police;
(b) in relation to the ACC—the Chief Executive Officer of the ACC.
communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).
computer means all or part of:
(a) one or more computers; or
(b) one or more computer systems; or
(c) one or more computer networks; or
(d) any combination of the above.
electronic service has the same meaning as in the Online Safety Act 2021.
emergency authorisation means an emergency authorisation given under section 3ZZUX.
executing officer, in relation to an account takeover warrant, means:
(a) the law enforcement officer named in the warrant by the issuing magistrate as being responsible for executing the warrant; or
(b) if that law enforcement officer does not intend to execute the warrant—another law enforcement officer whose name has been written in the warrant by the law enforcement officer so named; or
(c) another law enforcement officer whose name has been written in the warrant by the law enforcement officer last named in the warrant.
formal application has the meaning given by paragraph 3ZZUN(2)(a).
IGIS official means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
law enforcement agency means:
(a) the Australian Federal Police; or
(b) the ACC.
law enforcement officer means the following:
(a) in relation to the Australian Federal Police:
(i) the Commissioner of the Australian Federal Police; or
(ii) a Deputy Commissioner of the Australian Federal Police; or
(iii) an AFP employee (within the meaning of the Australian Federal Police Act 1979); or
(iv) a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
(v) a person seconded to the Australian Federal Police;
(b) in relation to the ACC:
(i) the Chief Executive Officer of the ACC; or
(ii) a member of the staff of the ACC.
Ombudsman official means:
(a) the Ombudsman; or
(b) a Deputy Commonwealth Ombudsman; or
(c) a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976.
online account means an account that an electronic service has for an end‑user.
protected information means:
(a) any information obtained under an account takeover warrant or an emergency authorisation; or
(b) information relating to:
(i) an application for, the issue of, the existence of, or the expiration of, an account takeover warrant or emergency authorisation; or
(ii) an application for approval of the giving of an emergency authorisation.
relevant offence means:
(a) a serious Commonwealth offence; or
(b) a serious State offence that has a federal aspect.
serious Commonwealth offence has the same meaning as in Part IAB.
serious State offence that has a federal aspect has the same meaning as in Part IAB.
takes control has the meaning given by section 3ZZUL.
telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.
urgent application has the meaning given by paragraph 3ZZUN(2)(b).
3ZZUL When a person takes control of an online account