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:
(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;
(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.
View history note
Hide history noteIf:
(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.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.