Document ID: chunk:federal_register_of_legislation:C2025C00037:front:0:p3
Version: federal_register_of_legislation:C2025C00037
Segment Type: other
Provision Reference: 
Character Range: 5645–8881

Part 4—Use of certain surveillance devices without warrant
37 Use of optical surveillance devices without warrant
38 Use of surveillance devices without warrant for listening to or recording words in limited circumstances
39 Use and retrieval of tracking devices without warrant in certain circumstances
40 Record of tracking device authorisations to be kept
Part 5—Extraterritorial operation of warrants
41 Definitions
42 Extraterritorial operation of surveillance device warrants
43 Evidence obtained from extraterritorial surveillance not to be tendered in evidence unless court satisfied properly obtained
43A Extraterritorial operation of computer access warrants
43B Evidence obtained from extraterritorial computer access not to be tendered in evidence unless court satisfied properly obtained
43C Extraterritorial operation of data disruption warrants
43D Evidence obtained from extraterritorial computer access not to be tendered in evidence unless court is satisfied that the evidence was properly obtained
43E Extraterritorial operation of network activity warrants
Part 6—Compliance and monitoring
Division 1—Restrictions on use, communication and publication of information
44 What is protected information?
44A What is protected network activity warrant information?
45 Prohibition on use, recording, communication or publication of protected information or its admission in evidence
45A Protected information related to integrity operations
45B Prohibition on use, recording, communication or publication of protected network activity warrant information or its admission in evidence
46 Dealing with records obtained by using a surveillance device or accessing data held in a computer
46AA Dealing with records obtained by accessing data under a network activity warrant
46A Destruction of records—information obtained before a Part 5.3 supervisory order came into force
46B Destruction of records—information obtained before a community safety supervision order came into force
47 Protection of surveillance device technologies and methods
47A Protection of computer access technologies and methods
47B Protection of data disruption technologies and methods
48 Protected information in the custody of a court, tribunal or Royal Commission
Division 2—Reporting and record‑keeping
49 Report on each warrant or authorisation
49A Notification to Ombudsman in relation to Part 5.3 warrants or Part 9.10 warrants
49B Notification to Ombudsman in relation to concealment of access under a computer access warrant
49C Notification to Ombudsman of things done under a data disruption warrant
49D Notification to Inspector‑General of Intelligence and Security of things done under a network activity warrant
50 Annual reports
50A Deferral of inclusion of information in annual report
51 Keeping documents connected with warrants, emergency authorisations and tracking device authorisations
52 Other records to be kept
53 Register of warrants, emergency authorisations and tracking device authorisations
Division 3—Inspections
54 Appointment of inspecting officers
55 Inspection of records
56 Power to obtain relevant information
57 Ombudsman to be given information and access despite other laws
58 Exchange of information between