CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 2 - Search warrants  

SECTION 3LB   ACCESSING DATA HELD ON CERTAIN PREMISES - NOTIFICATION TO OCCUPIER OF THAT PREMISES  

3LB(1)  
If:


(a) data is accessed, in relation to a warrant, under subsection 3L(1) or 3LAA(1) ; and


(aa) either:


(i) if the warrant is in relation to premises - the data is held on premises other than the warrant premises; or

(ii) if the warrant is in relation to a person - the data is held on any premises; and


(b) it is practicable to notify the occupier of the premises on which the data is held that the data has been accessed under a warrant;

the executing officer must:


(c) do so as soon as practicable; and


(d) if the executing officer has arranged, or intends to arrange, for continued access to the data under subsection 3L(1A) or (2) or 3LAA(2) or (4) - include that information in the notification.

3LB(2)  


A notification under subsection (1) must include sufficient information to allow the occupier of the premises on which the data is held to contact the executing officer.



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