Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

What I will advise you, Senator Patrick, is that network activity warrants and data disruption warrants can be issued by an eligible judge or a nominated AAT member. As I've previously advised in answers to other questions, this is consistent with who can issue the existing warrants under the Surveillance Devices Act 2004, such as computer access warrants. It is anticipated that these warrants will be used to complement other powers available to agencies. Account takeover warrants can be issued by a magistrate, as this is consistent with other powers, such as search powers in the Crimes Act.

I am just looking at whether or not I can provide you with further information. I can also advise in relation to recommendation 9 of the PJCIS report—and this may be what you were alluding to—that removing the ability for AAT members to issue warrants would have a significant impact on Australia's current electronic surveillance framework and would be a departure from longstanding government policy. The inability to obtain AAT approval would likely result in operational delays in obtaining these warrants. For example, the AFP currently experiences delays obtaining warrants from state and territory magistrates. I am informed that there can actually be up to a three-day wait in some jurisdictions. Given these potentially wide-ranging implications and the desire for consistency—and I do stress that, Senator Patrick—across other warrant powers, the government will consider this issue further as part of the holistic review of Australia's electronic surveillance framework, which is currently underway. I can also advise that a 'nominated AAT member is a person who is either the deputy president, senior member or member of the AAT' who has been nominated by the Attorney-General to issue warrants under the Surveillance Devices Act.