CRIMES ACT 1914

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

Division 4B - Power to obtain information and documents  

Subdivision B - Power to request information or documents about terrorist acts from operators of aircraft or ships  

SECTION 3ZQM   POWER TO REQUEST INFORMATION OR DOCUMENTS ABOUT TERRORIST ACTS FROM OPERATORS OF AIRCRAFT OR SHIPS  

3ZQM(1)  
This section applies if an authorised AFP officer believes on reasonable grounds that an operator of an aircraft or ship has information or documents (including in electronic form) that are relevant to a matter that relates to the doing of a terrorist act (whether or not a terrorist act has occurred or will occur).

3ZQM(2)  
The officer may:


(a) ask the operator questions relating to the aircraft or ship, or its cargo, crew, passengers, stores or voyage, that are relevant to the matter; or


(b) request the operator to produce documents relating to the aircraft or ship, or its cargo, crew, passengers, stores or voyage:


(i) that are relevant to the matter; and

(ii) that are in the possession or under the control of the operator.

3ZQM(3)  
A person who is asked a question or requested to produce a document under subsection (2) must answer the question or produce the document as soon as practicable.

3ZQM(4)   Offence.  

A person commits an offence if:


(a) the person is an operator of an aircraft or ship; and


(b) the person is asked a question or requested to produce a document under subsection (2); and


(c) the person fails to answer the question or produce the document.

Penalty: 60 penalty units.

3ZQM(5)  
Subsection (4) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .

3ZQM(6)  
It is a defence to a prosecution for an offence against subsection (4) if the person charged had a reasonable excuse for:


(a) failing to answer the question; or


(b) failing to produce the document.

3ZQM(7)   Definitions.  

In this section:

operator
has the meaning given by section 4 of the Customs Act 1901 .

terrorist act
(Repealed by No 2 of 2011)




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