(a) must ensure that every record or report comprising protected information is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and
(b) must cause to be destroyed any record or report referred to in paragraph (a):
(i) as soon as practicable after the making of the record or report if the chief officer is satisfied that no civil or criminal proceeding to which the material contained in the record or report relates has been, or is likely to be, commenced and that the material contained in the record or report is not likely to be required in connection with an activity or purpose referred to in subsection 3ZZVH(2), (3) or (4); and
(ii) within the period of 5 years after the making of the record or report, and within each period of 5 years thereafter, unless, before the end of that period, the chief officer is satisfied in relation to the material contained in the record or report of a matter referred to in subparagraph (i) and certifies to that effect.
3ZZVK Protection of account takeover technologies and methods
(1) In a proceeding, a person may object to the disclosure of information on the ground that the information, if disclosed, could reasonably be expected to reveal details of account takeover technologies or methods.
(2) If the person conducting or presiding over the proceeding is satisfied that the ground of objection is made out, the person may order that the person who has the information not be required to disclose it in the proceeding.
(3) In determining whether or not to make an order under subsection (2), the person conducting or presiding over the proceeding must take into account whether disclosure of the information:
(a) is necessary for the fair trial of the defendant; or
(b) is in the public interest.
(4) Subsection (2) does not affect a provision of another law under which a law enforcement officer cannot be compelled to disclose information or make statements in relation to the information.
(5) If the person conducting or presiding over a proceeding is satisfied that publication of any information disclosed in the proceeding could reasonably be expected to reveal details of account takeover technologies or methods, the person must make any orders prohibiting or restricting publication of the information that the person considers necessary to ensure that those details are not revealed.
(6) Subsection (5) does not apply to the extent that the person conducting or presiding over the proceeding considers that the interests of justice require otherwise.
(7) In this section:
account takeover technologies or methods means:
(a) technologies or methods relating to the use of:
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(i) a computer; or
(ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii) any other electronic equipment; or
(iv) a data storage device;
for the purpose of taking control of an online account; or
(b) technologies or methods relating to adding, copying, deleting or altering account‑based data, if doing so is necessary to achieve the purpose mentioned in paragraph (a); or
(c) technologies or methods relating to adding, copying, deleting or altering account credentials to which an online account relates, if doing so is necessary to achieve the purpose mentioned in paragraph (a);
where the technologies or methods have been, or are being, deployed in giving effect to an account takeover warrant or emergency authorisation.
proceeding includes a proceeding before a court, tribunal or Royal Commission.
Division 6—Reporting and record keeping
3ZZVL Chief officers’ annual reports to the Minister and the Ombudsman
(1) As soon as practicable after 30 June in each year, the chief officer of the Australian Federal Police or the ACC must submit a report to the Minister and the Ombudsman that sets out:
(a) the number of applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months, and the dates on which those applications were made; and
(b) the number of account takeover warrants issued during the previous 12 months in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, and the dates on which those warrants were issued; and
(c) if one or more applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:
(i) the number of those refusals; and
(ii) the dates on which those refusals occurred; and
(d) if one or more applications for variations of account takeover warrants were made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months:
(i) the number of those applications; and
(ii) the dates on which those applications were made; and
(e) if one or more variations of account takeover warrants were made during the previous 12 months in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires:
(i) the number of those variations; and
(ii) the dates on which those variations were made; and
(f) if one or more applications for variations of account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:
(i) the number of those refusals; and
(ii) the dates on which those refusals occurred; and
(g) if one or more account takeover warrants issued in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, were revoked during the previous 12 months:
(i) the number of those revocations; and
(ii) the dates on which those revocations occurred; and
(h) for each account takeover warrant that:
(i) was issued in response to an application made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires; and
(ii) ceased to be in force during the previous 12 months;
the following information:
(iii) the date the warrant ceased to be in force;
(iv) whether the warrant expired or was revoked;
(v) whether or not the warrant was executed;
(vi) if the warrant was executed—the information listed in subsection (2);
(vii) if the warrant was not executed—the reason why the warrant was not executed; and
(i) the number of applications for emergency authorisations made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months, and the dates on which those applications were made; and
(j) the number of emergency authorisations given during the previous 12 months in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, and the dates on which those authorisations were given; and
(k) if one or more applications for emergency authorisations made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:
(i) the number of those refusals; and
(ii) the dates on which those refusals occurred; and
(l) if one or more applications for approval of the giving of emergency authorisations were made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months:
(i) the number of those applications; and
(ii) the dates on which those applications were made; and
(m) if the giving of one or more emergency authorisations were approved during the previous 12 months in response to applications made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires:
(i) the number of those approvals; and
(ii) the dates on which those approvals were given; and
(n) if one or more applications for approval of the giving of emergency authorisations made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires, during the previous 12 months were refused:
(i) the number of those refusals; and
(ii) the dates on which those refusals occurred.
(2) The following information is listed for the purposes of subparagraph (1)(h)(vi):
(a) the name of the executing officer;
(b) the names of any other law enforcement officers involved in executing the warrant;
(c) the period during which the warrant was executed;
(d) the target account;
(e) if the holder of the target account is known to the executing officer—the holder;
(f) if one or more users of the target account (other than the holder of the target account) are known to the executing officer—those users;
(g) details of the benefit of the execution of the warrant to the investigation of a relevant offence;
(h) details of how information obtained under the warrant was used;
(i) details of the communication of information obtained under the warrant to persons other than:
(i) if the warrant was issued in response to an application made by a law enforcement officer of the Australian Federal Police—law enforcement officers of the Australian Federal Police; or
(ii) if the warrant was issued in response to an application made by a law enforcement officer of the ACC—law enforcement officers of the ACC;
(j) details of the compliance with the conditions (if any) to which the warrant was subject.
(3) For the purposes of paragraph (2)(d), the target account may be specified by identifying one or more matters and things that are sufficient to identify the account.
3ZZVM Chief officers’ annual reports to the Minister
(1) As soon as practicable, and in any event within 3 months, after the end of each financial year, the chief officer of the Australian Federal Police or the ACC must submit a report to the Minister that sets out:
(a) the number of applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year; and
(b) the number of account takeover warrants issued during the financial year in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires; and
(c) if one or more applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year were refused—the number of those refusals; and
(d) the number of urgent applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year; and
(e) the number of account takeover warrants issued during the financial year in response to urgent applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires; and
(f) if one or more urgent applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year were refused—the number of those refusals; and
(g) if one or more variations of account takeover warrants were granted during the financial year in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires—the number of those variations; and
(h) if one or more applications for variations of account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year were refused—the number of those refusals; and
(i) the number of applications for emergency authorisations made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year; and
(j) the number of emergency authorisations given during the financial year in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires; and
(k) if one or more applications for emergency authorisations made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year were refused—the number of those refusals; and
(l) if one or more applications for approval of the giving of emergency authorisations were made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires, during the financial year—the number of those applications; and
(m) if the giving of one or more emergency authorisations were approved during the financial year in response to applications made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires—the number of those approvals; and
(n) if one or more applications for approval of the giving of emergency authorisations made by or on behalf of appropriate authorising officers of the Australian Federal Police or the ACC, as the case requires, during the financial year were refused—the number of those refusals; and
(o) the types of relevant offences in respect of which account takeover warrants or emergency authorisations were sought by law enforcement officers of the Australian Federal Police or the ACC, as the case requires, during the financial year; and
(p) the number of arrests that were made during the financial year on the basis (wholly or partly) of information obtained under account takeover warrants issued, or emergency authorisations given, in response to applications made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires; and
(q) the number of prosecutions for relevant offences that were commenced during the financial year in which information obtained under account takeover warrants or emergency authorisations was given in evidence, and the number of those prosecutions in which a person was found guilty.
(2) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives it.
(3) A copy of a report given to the Minister under this section must be given to the Ombudsman at the same time as it is given to the Minister.
3ZZVN Keeping documents connected with account takeover warrants
The chief officer of the Australian Federal Police or the ACC must cause the following to be kept:
(a) a copy of each application for an account takeover warrant that was made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires;
(b) a copy of each account takeover warrant that was issued in response to an application made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires;
(c) each written application for an emergency authorisation made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires;
(d) a copy of each emergency authorisation that was given in response to an application made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires;
(e) a copy of each application made by or on behalf of an appropriate authorising officer for approval of the giving of an emergency authorisation to a law enforcement officer of the Australian Federal Police or the ACC, as the case requires;
(f) a copy of each section 3ZZVG assistance order that was made in response to an application made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires;
(g) a copy of each application for a section 3ZZVG assistance order that was made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires;
(h) if an application for a variation of an account takeover warrant was made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires—a copy of the application;
(i) if an account takeover warrant that was varied in response to an application made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires—a copy of the variation;
(j) if an account takeover warrant issued in response to an application made by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires, was revoked—a copy of the revocation;
(k) each written record made under subsection 3ZZUN(5);
(l) a copy of each report given to the Minister and the Ombudsman under section 3ZZVL.
3ZZVP Register of applications for account takeover warrants and emergency authorisations
(1) The chief officer of the Australian Federal Police or the ACC must cause to be kept a register of:
(a) applications for account takeover warrants made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires; and
(b) applications for emergency authorisations made by law enforcement officers of the Australian Federal Police or the ACC, as the case requires.
(2) The register is to specify, for each account takeover warrant sought by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires:
(a) the date the warrant was issued or refused; and
(b) the date of the application for the warrant; and
(c) whether the application for the warrant was a formal application or an urgent application; and
(d) the name of the magistrate who issued or refused to issue the warrant; and
(e) the name of the applicant for the warrant; and