Phone SeizedAustraliaIdentify and Disrupt Act 2021 and related provisions, quoted
Identify and Disrupt Act 2021 and related provisions, quoted
What you must do, what you can refuse, and what they can do
Every claim below links to the source it comes from, with the wording quoted so you can check it yourself.
What the sources say
What a document, a report, an agency publication or a provision says, quoted as it is worded.
The commencement table in s.2 of the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth), as made, lists “Sections 1 to 3 and anything in this Act not elsewhere covered by this table” against “The day this Act receives the Royal Assent”, 3 September 2021.
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth), s.2 commencement table, item 1 (as made)
“Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 3 September 2021”
Read it at legislation.gov.auquote checked 2026-09-08
Section 6(1) of the Surveillance Devices Act 2004 (Cth) says that “data disruption warrant” means a warrant issued under section 27KC or subsection 35B(2) or (3).
Surveillance Devices Act 2004 (Cth), s.6(1) — definition of "data disruption warrant" (Compilation No. 62, 27 Aug 2026)
“data disruption warrant means a warrant issued under section 27KC or subsection 35B(2) or (3).”
Read it at legislation.gov.auquote checked 2026-09-08
Section 27KAA, in the Division headed “Data disruption warrants” in the Surveillance Devices Act 2004 (Cth), says: “This Division is repealed at the end of 4 September 2029.”
Surveillance Devices Act 2004 (Cth), s.27KAA — sunsetting of the data disruption warrant Division (Compilation No. 62, 27 Aug 2026)
“Data disruption warrants 27KAA Sunsetting This Division is repealed at the end of 4 September 2029.”
Read it at legislation.gov.auquote checked 2026-10-02
Section 27KKA, in the Division headed “Network activity warrants” in the Surveillance Devices Act 2004 (Cth), says: “This Division is repealed at the end of 4 September 2029.”
Surveillance Devices Act 2004 (Cth), s.27KKA — sunsetting of the network activity warrant Division (Compilation No. 62, 27 Aug 2026)
“Network activity warrants 27KKA Sunsetting This Division is repealed at the end of 4 September 2029.”
Read it at legislation.gov.auquote checked 2026-10-02
Section 3ZZUMA, in the Division headed “Account takeover warrants” in the Crimes Act 1914 (Cth), says: “This Division is repealed at the end of 4 September 2029.”
Crimes Act 1914 (Cth), s.3ZZUMA — sunsetting of the account takeover warrant Division (Compilation No. 167, 27 Aug 2026)
“Account takeover warrants 3ZZUMA Sunsetting This Division is repealed at the end of 4 September 2029.”
Read it at legislation.gov.auquote checked 2026-10-02
Section 3ZZUWA, in the Division headed “Emergency authorisations” in the Crimes Act 1914 (Cth), says: “This Division is repealed at the end of 4 September 2029.”
Crimes Act 1914 (Cth), s.3ZZUWA — sunsetting of the emergency authorisation Division (Compilation No. 167, 27 Aug 2026)
“Emergency authorisations 3ZZUWA Sunsetting This Division is repealed at the end of 4 September 2029.”
Read it at legislation.gov.auquote checked 2026-10-04
What this page covers
This page is about the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth), a warrant defined in the Surveillance Devices Act 2004 (Cth), and sunset provisions in that Act and in the Crimes Act 1914 (Cth). The provisions quoted below — a commencement provision, a definition and sunset provisions — do not themselves mention a passcode or a person’s own phone.
For the provisions this site does quote on unlocking a phone, see the Border Force and s.3LA order pages.
A commencement provision and a definition
The Act’s commencement table provides that sections 1 to 3 and anything in the Act not elsewhere covered by the table commence on the day the Act receives the Royal Assent, 3 September 2021.
The Surveillance Devices Act 2004 defines “data disruption warrant” as “a warrant issued under section 27KC or subsection 35B(2) or (3)”. That definition identifies the warrant only by the sections it is issued under; it does not on its own say what the warrant authorises.
Sunset provisions
Section 27KAA of the Surveillance Devices Act 2004, headed “Sunsetting” and in the Division headed “Data disruption warrants”, provides that “This Division is repealed at the end of 4 September 2029”.
Other sections headed “Sunsetting” carry the same sentence, among them s.27KKA of the Surveillance Devices Act 2004, in the Division headed “Network activity warrants”, and s.3ZZUMA of the Crimes Act 1914, in the Division headed “Account takeover warrants”, and s.3ZZUWA of the Crimes Act 1914, in the Division headed “Emergency authorisations”, each of which reads “This Division is repealed at the end of 4 September 2029”.
Where to look instead
If you are trying to work out what a police officer or Border Force officer can actually require of you and your phone, this page is not the one that answers that. See Border Force examination and the passcode question, the Commonwealth s.3LA order, and the state pages for New South Wales, Queensland and Victoria — or the cross-country comparison of when you must give police the code.
Last reviewed . Next review due . No lawyer has reviewed this page — see [email protected] if you think something here is wrong.