CRIMES ACT 1914

Part IAAB - Monitoring of compliance with control orders etc.  

Division 2 - Powers of constables in relation to premises  

Subdivision A - Monitoring powers  

SECTION 3ZZKC   Operating electronic equipment  

(1)  
The monitoring powers include the power to:


(a) operate electronic equipment on the premises; and


(b) use a disk, tape or other storage device that:


(i) is on the premises; and

(ii) can be used with the equipment or is associated with it.

(2)  
The monitoring powers include the powers mentioned in subsection (4) if relevant data is found in the exercise of the power under subsection (1).

(3)  
Relevant data means information relevant to:


(a) the protection of the public from a terrorist act; or


(b) preventing the provision of support for, or the facilitation of, a terrorist act; or


(c) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or


(d) determining whether the relevant control order has been, or is being, complied with.

(4)  
The powers are as follows:


(a) the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises;


(b) the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that:


(i) is brought to the premises for the exercise of the power; or

(ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;
and remove the disk, tape or other storage device from the premises.

(5)  
A constable may operate electronic equipment as mentioned in subsection (1) or (4) only if the constable believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Note:

For compensation for damage to electronic equipment, see section 3ZZNF .




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