(ii) the alleged relevant offence, or alleged relevant offences, in respect of which the warrant was issued; and
(iii) the period during which the warrant is in force; and
(iv) details of any variations or extensions of the warrant; and
(v) whether the warrant has expired or been revoked.
(3) The register is to specify, for each emergency authorisation sought by a law enforcement officer of the Australian Federal Police or the ACC, as the case requires:
(a) the date the authorisation was given or refused; and
(b) the name of the appropriate authorising officer who gave or refused to give the authorisation; and
(c) if the authorisation was given:
(i) the name of the law enforcement officer to whom the authorisation was given; and
(ii) the alleged relevant offence, or alleged relevant offences, in respect of which the authorisation was given; and
(iii) the date on which the application for approval of the giving of the authorisation was made; and
(iv) whether that application for approval of the giving of the authorisation was successful or not.
(4) A register kept under this section is not a legislative instrument.
Division 7—Inspections
3ZZVQ Appointment of inspecting officers
The Ombudsman may, by writing, appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Part.
3ZZVR Inspection of records by the Ombudsman
(1) The Ombudsman must, from time to time and at least once every 12 months, 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 or the ACC, as the case requires; and
(b) law enforcement officers of the Australian Federal Police or the ACC, as the case requires.
(2) For the purpose of an inspection under this section, the Ombudsman:
(a) may, after notifying the chief officer of the Australian Federal Police or the ACC, enter at any reasonable time premises occupied by the Australian Federal Police or the ACC, as the case requires; and
(b) is entitled to have full and free access at all reasonable times to all records of the Australian Federal Police or the ACC that are relevant to the inspection; and
(c) may require a member of staff of the Australian Federal Police or the ACC to give the Ombudsman any information that the Ombudsman considers necessary, so long as:
(i) the information is in the member’s possession, or the member has access to the information; and
(ii) the information is relevant to the inspection; and
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(d) may, despite any other law, make copies of, and take extracts from, records of the Australian Federal Police or the ACC.
(3) The chief officer of the Australian Federal Police or the ACC must ensure that members of staff of the Australian Federal Police or the ACC, as the case requires, give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section.
3ZZVS Power to obtain relevant information
(1) If the Ombudsman has reasonable grounds to believe that a law enforcement officer of the Australian Federal Police or the ACC is able to give information relevant to an inspection under this Division of the records of the Australian Federal Police or the ACC, subsections (2) and (3) have effect.
(2) The Ombudsman may, by writing given to the law enforcement officer, require the officer to give the information to the Ombudsman:
(a) by writing signed by the officer; and
(b) at a specified place and within a specified period.
(3) The Ombudsman may, by writing given to the law enforcement officer, require the officer 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 law enforcement officer of the Australian Federal Police or the ACC is able to give information relevant to an inspection under this Division of the records of the Australian Federal Police or the ACC; and
(b) does not know the officer’s identity;
the Ombudsman may, by writing given to the chief officer of the Australian Federal Police or the ACC, as the case requires, require the chief officer, or a person nominated by the chief officer, 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.
3ZZVT Offence
A person commits an offence if:
(a) the person is required under section 3ZZVS to attend before an inspecting officer, to give information or to answer questions; and
(b) the person refuses or fails to do so.
Penalty: Imprisonment for 6 months.
3ZZVU Ombudsman to be given information and access 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
(d) would disclose one of the following:
(i) a legal advice given to a Minister, a Department or a prescribed authority;
(ii) a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege.
(2) However, if the person is an individual:
(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;
is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 3ZZVH of this Act or Part 7.4 or 7.7 of the Criminal Code.
(3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information, answering a question, or giving access to a document, as and when required under this Division, the individual is not excused from giving the information, answering the question, or giving access to the document, as the case may be, on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.
(4) Nothing in section 3ZZVH or in any other law prevents a law enforcement officer of the Australian Federal Police or the ACC from:
(a) giving information to 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 or the ACC, as the case requires, to an inspecting officer;
for the purposes of an inspection under this Division of the records of the Australian Federal Police or the ACC, as the case requires.
(5) Nothing in section 3ZZVH or in any other law prevents a law enforcement officer 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 (4).
(6) The fact that a person is not excused under subsection (1) or (3) from giving information, answering a question or giving access to a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.
(7) In this section:
prescribed authority has the same meaning as in the Ombudsman Act 1976.
3ZZVV Delegation by Ombudsman
(1) The Ombudsman may, by writing, delegate to an APS employee responsible to the Ombudsman all or any of the Ombudsman’s functions or powers under this Division, other than section 3ZZVX.
(2) A delegate must, on request by a person affected by the exercise of any power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for inspection by the person.
3ZZVW Ombudsman not to be sued
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.
3ZZVX Report on inspection
(1) The Ombudsman must make a written report to the Minister at 12 monthly intervals on the results of each inspection under section 3ZZVR.
(2) The report must not include information which, if made public, could reasonably be expected to:
(a) prejudice an investigation or prosecution; or
(b) compromise any law enforcement agency’s operational activities or methodologies.
(3) 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 the report.
Division 8—Miscellaneous
3ZZVY Minor defects in connection with account takeover warrant
(1) If:
(a) information is purportedly obtained under an account takeover warrant; and
(b) there is a defect or irregularity in relation to the warrant; and
(c) but for that defect or irregularity, the warrant would be a sufficient authority for obtaining the information;
then:
(d) obtaining the information is taken to be as valid; and
(e) the information obtained may be dealt with, or given in evidence in any proceeding;
as if the warrant did not have that defect or irregularity.
(2) A reference in subsection (1) to a defect or irregularity in relation to the warrant is a reference to a defect or irregularity (other than a substantial defect or irregularity):
(a) in, or in connection with the issue of, a document purporting to be that warrant; or
(b) in connection with the execution of that warrant or the purported execution of a document purporting to be that warrant.
3ZZVZ Evidentiary certificates
(1) A law enforcement officer may issue a written certificate signed by the officer setting out any facts the officer considers relevant with respect to:
(a) anything done by the law enforcement officer, or by a person assisting or providing technical expertise to the law enforcement officer, in connection with the execution of an account takeover warrant; or
(b) anything done by the law enforcement officer in connection with:
(i) the communication by a person to another person; or
(ii) the making use of; or
(iii) the making of a record of; or
(iv) the custody of a record of;
information obtained under an account takeover warrant.
(2) A certificate issued under subsection (1) is admissible in evidence in any proceedings as prima facie evidence of the matters stated in the certificate.
3ZZWA Compensation for property loss or serious damage
(1) If a person suffers:
(a) loss of or serious damage to property; or
(b) personal injury;
in the course of, or as a direct result of, the execution of an account takeover warrant, the Commonwealth is liable to pay to the person compensation as agreed between the Commonwealth and the person or, in default of agreement, as determined by action against the Commonwealth in:
(c) the Federal Court of Australia; or
(d) the Supreme Court of a State or Territory.
(2) Subsection (1) does not apply if the person suffered the loss, damage or injury in the course of, or as a direct result of, engaging in any criminal activity.
Part IA—General
4AAA Commonwealth laws conferring non‑judicial functions and powers on officers
Application
(1) This section sets out the rules that apply if, under a law of the Commonwealth relating to criminal matters, a function or power that is neither judicial nor incidental to a judicial function or power, is conferred on one or more of the following persons:
(aa) a Judge of the Federal Court of Australia;
(ab) a Judge of the Federal Circuit and Family Court of Australia (Division 2);
(a) a State or Territory judge;
(b) a magistrate;
(c) a Justice of the Peace or other person:
(i) employed in a State or Territory court; and
(ii) authorised to issue search warrants, or warrants of arrest.
Note 1: Magistrate is defined in section 16C of the Acts Interpretation Act 1901.
Note 2: Justice of the Peace is defined in section 2B of the Acts Interpretation Act 1901.
Functions and powers conferred personally
(2) The function or power is conferred on the person only in a personal capacity and not, in the case of a Judge of the Federal Court of Australia, Judge of the Federal Circuit and Family Court of Australia (Division 2), State or Territory judge or magistrate, as a court or a member of a court.
Function or power need not be accepted
(3) The person need not accept the function or power conferred.
Protection and immunity provided
(3A) A Judge of the Federal Court of Australia or a Judge of the Federal Circuit and Family Court of Australia (Division 2) performing a conferred function, or exercising a conferred power, has the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
(4) A State or Territory judge or magistrate performing a conferred function, or exercising a conferred power, has the same protection and immunity as if he or she were performing that function, or exercising that power, as, or as a member of, a court (being the court of which the judge or magistrate is a member).
(5) A person referred to in paragraph (1)(c) performing a conferred function, or exercising a conferred power, has the same protection and immunity as he or she would have in performing functions and powers as part of the person’s employment with a State or Territory court, as the case may be.
This section applies regardless of when Commonwealth law made
(6) This section applies whether the law conferring a function or power was made before, on or after, the commencement of this section.
Contrary intention
(6A) Despite subsection (1), a rule set out in this section does not apply if the contrary intention appears.
A law of the Commonwealth relating to criminal matters
(7) In this section, a reference to a law of the Commonwealth relating to criminal matters includes a reference to this Act.
4AAB Arrangements for conferral of non‑judicial functions and powers
Governor‑General may make arrangements
(1) The Governor‑General may make arrangements with:
(a) the Governor of a State (excluding the Northern Territory); and
(b) the Chief Minister for the Australian Capital Territory; and
(c) the Administrator of the Northern Territory;
for the performance of functions, and the exercise of powers, that are neither judicial nor incidental to a judicial function or power, conferred by a law of the Commonwealth relating to criminal matters on:
(e) a State or Territory judge; or
(f) a magistrate; or
(g) a Justice of the Peace or other person:
(i) employed in a State or Territory court; and
(ii) authorised to issue search warrants, or warrants of arrest.
Note 1: Magistrate is defined in section 16C of the Acts Interpretation Act 1901.
Note 2: Justice of the Peace is defined in section 2B of the Acts Interpretation Act 1901.
Lack of arrangement does not affect validity of exercise of power or performance of function
(2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function or exercise of the power.
This section applies regardless of when Commonwealth law made
(3) This section applies to functions or powers conferred by laws made before, on or after the commencement of this section.
A law of the Commonwealth relating to criminal matters
(4) In this section, a reference to a law of the Commonwealth relating to criminal matters includes a reference to this Act.
4A Meaning of certain words
In a law of the Commonwealth, unless the contrary intention appears:
committed for trial, in relation to a person, means committed to prison with a view to the person being tried before a judge and jury, or admitted to bail upon a recognizance to appear and be so tried.
indictment includes an information and a presentment.
4AA Penalty units
(1) In a law of the Commonwealth or a Territory Ordinance, unless the contrary intention appears:
penalty unit means the amount of $330 (subject to indexation under subsection (3)).
(1A) If the amount of a penalty unit is indexed under subsection (3), the Minister must, by notifiable instrument, publish the amount of a penalty unit. However, a failure by the Minister to do so does not invalidate the indexation.
(2) In this section:
Territory Ordinance means an ordinance that:
(a) was made under an Act providing for the acceptance, administration or government of a Territory; and
(b) has not become an enactment of the Australian Capital Territory;
and includes a regulation made under such an ordinance.
Indexation of penalty unit
(3) On 1 July 2026 and each third 1 July following that day (an indexation day), the dollar amount mentioned in subsection (1) is replaced by the amount worked out using the following formula:
Start formula Indexation factor for the indexation day times Dollar amount immediately before the indexation day end formula
(4) The indexation factor for an indexation day is the number worked out using the following formula: