[no bill text published] New evidentiary powers for using network activity warrant information in criminal proceedings
Telecommunications and Other Legislation Amendment Bill 2025
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Authorities can use protected network activity warrant information to decide whether to start or continue a prosecution.
Authorities and defence lawyers can share this information to meet disclosure duties in court; lawyers can use it to represent their clients.
Courts can admit this information as evidence if a defendant provides it to ensure a fair trial; the prosecution can then respond with similar evidence.
Authorities can use network activity warrant intercept information to decide whether to prosecute prescribed offences.
People with a section 31A authorisation can access stored communications; this applies if the authorisation would have allowed interception while the message was being sent.
Officers granting authority for controlled operations only need to be satisfied about direct and foreseeable consequences of unlawful conduct.
Officers can grant authority for controlled operations involving material related to sexual offences.