Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 7A

  (1)   For the purposes of this Act, a criminal network of individuals is an electronically linked group of individuals, where:

  (a)   in a case where each individual in the group uses, or is likely to use, the same electronic service as at least one other individual in the group--the use of that electronic service enables any of the individuals in the group to:

  (i)   engage in conduct that constitutes a relevant offence; or

  (ii)   communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or

  (iii)   facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or

  (iv)   communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or

  (b)   in a case where each individual in the group communicates with at least one other individual in the group by electronic communication--the electronic communication enables any of the individuals in the group to:

  (i)   engage in conduct that constitutes a relevant offence; or

  (ii)   communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or

  (iii)   facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or

  (iv)   communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence.

  (2)   For the purposes of subsection   (1), it is immaterial whether:

  (a)   the identities of the individuals in the group can be ascertained; or

  (b)   the details of the relevant offences can be ascertained; or

  (c)   there are likely to be changes, from time to time, in the composition of the group.