Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 2
-
Search warrants
SECTION 3LAA
USE OF ELECTRONIC EQUIPMENT AT OTHER PLACE
(1)
If electronic equipment is moved to another place under subsection
3K(2)
, the executing officer or a constable assisting may operate the equipment to:
(a)
access data (including data held at another place); or
(b)
access account-based data.
History
S 3LAA(1) amended by No 148 of 2018, s 3 and Sch 3 item 7, by substituting
"
to: (a) access data (including data held at another place); or (b) access account-based data.
"
for
"
to access data (including data held at another place).
"
, applicable in relation to a warrant issued after 9 December 2018.
S 3LAA(1) amended by No 2 of 2011, s 3 and Sch 3 item 11, by omitting
"
found at the warrant premises
"
after
"
electronic equipment
"
, applicable in relation to any warrant issued in relation to a person after 3 March 2011.
(2)
If the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.
(3)
If the Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section
3ZQU
or for other judicial or administrative review proceedings, the Commissioner must arrange for:
(a)
the removal of the data from any device in the control of the Australian Federal Police; and
(b)
the destruction of any other reproduction of the data in the control of the Australian Federal Police.
(4)
If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:
(a)
seize the equipment and any disk, tape or other associated device; or
(b)
if the material can be put in documentary form
-
put the material in that form and seize the documents so produced.
(5)
A constable may seize equipment under paragraph (4)(a) only if:
(a)
it is not practicable to copy the data as mentioned in subsection (2) or to put the material in documentary form as mentioned in paragraph (4)(b); or
(b)
possession of the equipment, by the person referred to in paragraph 3K(2)(a) or (b) (as the case requires), could constitute an offence.
History
S 3LAA(5) amended by No 2 of 2011, s 3 and Sch 3 item 12, by substituting
"
of the equipment, by the person referred to in paragraph 3K(2)(a) or (b) (as the case requires),
"
for
"
by the occupier of the equipment
"
in para (b), applicable in relation to any warrant issued in relation to a person after 3 March 2011.
History
S 3LAA and 3LA substituted for s 3LA by No 4 of 2010, s 3 and Sch 2 item 20, applicable in relation to warrants issued on or after 20 February 2010.