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 4B
-
Power to obtain information and documents
History
Div 4B inserted by No 144 of 2005, s 3 and Sch
6 item 1, effective 15 December 2005.
Subdivision C
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Power to obtain documents relating to serious terrorism and non-terrorism offences
History
Subdiv C inserted by No 144 of 2005, s 3 and Sch 6 item 1, effective 15 December 2005.
SECTION 3ZQN
Power to obtain documents relating to serious terrorism offences
(1)
This section applies if an authorised AFP officer considers on reasonable grounds that a person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious terrorism offence.
(2)
The officer may give the person a written notice requiring the person to produce documents that:
(a)
relate to one or more of the matters set out in section
3ZQP
, as specified in the notice; and
(b)
are in the possession or under the control of the person.
(3)
The notice must:
(a)
specify the name of the person to whom the notice is given; and
(b)
specify the matters to which the documents to be produced relate; and
(c)
specify the manner in which the documents are to be produced; and
(d)
specify the place at which the documents are to be produced; and
(e)
specify the day by which the person must comply with the notice, being a day that is at least:
(i)
14 days after the giving of the notice; or
(ii)
if the officer believes that it is appropriate, having regard to the urgency of the situation, to specify an earlier day
-
3 days after the giving of the notice; and
(f)
set out the effect of section
3ZQS
(offence for failure to comply); and
(g)
if the notice specifies that information about the notice must not be disclosed
-
set out the effect of section
3ZQT
(offence for disclosing existence or nature of a notice).
History
S 3ZQN(3) amended by No 116 of 2014, s 3 and Sch 1 item 50, by substituting para (e), effective 1 December 2014. Para (e) formerly read:
(e)
state that the person must comply with the notice as soon as practicable; and
History
S 3ZQN inserted by No 144 of 2005, s 3 and Sch 6 item 1, effective 15 December 2005.