The Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 has had its second reading but has yet had a debate or vote in the House of Representatives. The debate has been set aside until after the Parliamentary Joint Standing Committee on Intelligence and Security has finished its review of the Bill. The review is open to public submissions until Friday 12 February 2021.

I think the section of particular concern is section 3ZZUR, particularly subsections ( 2 )( c ), ( d ) and ( g ).

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3ZZUR What an account takeover warrant authorises

( 1 ) An account takeover warrant must authorise the doing of specified things (subject to any restrictions order conditions specified in the warrant) in relation to each target account).

( 2 ) The thing that may be specified are any of the following that the magistrate considers appropriate in the circumstances:

( a ) taking control of the target account at any time while the warrant is in force, if doing so is necessary, in the course of the investigation to which the warrant relates, for the purposes of enabling evidence to be obtained of the commission of the alleged relevant offence, or alleged relevant offences, in respect of which the warrant is issued;

( b ) using:

( 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 purposes of taking control of the target account as mentioned in paragraph (a);

( c ) if necessary for the purpose of taking control of the target account as mentioned in paragraph (a):

( i ) accessing account-based data to which the target account relates; or

( ii ) adding, copying, deleting or altering account credentials to which the target account relates; or

( iii ) adding, copying, deleting or altering data in a computer;

( d ) if, having regard to other methods (if any) of taking control of the target account which are likely to be as effective, if is reasonable in all circumstances to do so:

( i ) using a communication in transit for the purpose of taking control of the target account as mentioned in paragraph ( a ); and

( ii ) if necessary to achieve that purpose --- adding, copying, deleting or altering data in the communication in transit;

( e ) copying any account-based data which the target account relates, and that:

( i ) appears to be relevant for the purposes of determining whether the account-based data is covered by the warrant; or

( ii ) is covered by the warrant

( g ) any other thing reasonably incidental to any of the above.