Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3CAA

  (1)   For the purposes of this Part, if:

  (a)   an electronic service has accounts for end - users; and

  (b)   either:

  (i)   a person holds an account with the electronic service; or

  (ii)   a person is, or is likely to be, a user of an account with the electronic service; and

  (c)   the person can (with the use of appropriate equipment) access particular data provided by the service;

the data is account - based data in relation to the person.

  (2)   For the purposes of this Part, if:

  (a)   an electronic service has accounts for end - users; and

  (b)   either:

  (i)   a deceased person held, before the person's death, an account with the electronic service; or

  (ii)   a deceased person, before the person's death, was, or was likely to be, a user of an account with the electronic service; and

  (c)   the deceased person could, before the person's death (with the use of appropriate equipment), access particular data provided by the service;

the data is account - based data in relation to the deceased person.

  (3)   For the purposes of this section, account has the same meaning as in the Online Safety Act 2021 .