Crimes Act 1914

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:

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

S 3L(1) amended by No 2 of 2011, s 3 and Sch 3 item 10, by substituting " of a warrant in relation to premises, or a constable assisting, " for " or a constable assisting " , applicable in relation to any warrant issued in relation to a person after 3 March 2011.

S 3L(1) substituted by No 4 of 2010, s 3 and Sch 2 item 16, applicable in relation to warrants issued on or after 20 February 2010. S 3L(1) formerly read:

3L(1)
The executing officer or a constable assisting may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she believes on reasonable grounds that:

(a) the data might constitute evidential material; and

(b) the equipment can be operated without damaging it.

Note:

An executing officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 3LA.

S 3L(1), (1A) and (1B) substituted for s 3L(1) by No 161 of 2001.

S 3L(1A) amended by No 4 of 2010, s 3 and Sch 2 items 17 and 18, by substituting " suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes " for " believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute " and substituting " any or all of the data accessed by operating the electronic equipment " for " the data " in paras (a) and (b), applicable in relation to warrants issued on or after 20 February 2010.

S 3L(1), (1A) and (1B) substituted for s 3L(1) by No 161 of 2001.

S 3L(1B) amended by No 4 of 2010, s 3 and Sch 2 item 4, by substituting para (b), applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

Para (b) formerly read:

(b) the Commissioner is satisfied that the data is not required (or is no longer required) for:

(i) investigating an offence against the law of the Commonwealth, a State or a Territory; or

(ii) judicial proceedings or administrative review proceedings; or

(iii) investigating or resolving a complaint under the Ombudsman Act 1976 in relation to the Australian Federal Police or the Privacy Act 1988 ; or

(iv) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979 ) under Part V of that Act;

S 3L(1B) amended by No 84 of 2006, s 3 and Sch 3 items 33 and 34, by substituting " the Ombudsman Act 1976 in relation to the Australian Federal Police " for " the Complaints (Australian Federal Police) Act 1981 " in para (b)(iii) and inserting para (b)(iv), effective 30 December 2006.

S 3L(1), (1A) and (1B) substituted for s 3L(1) by No 161 of 2001.

S 3L(2) amended by No 161 of 2001.

S 3L(3) amended by No 161 of 2001.

S 3L(4) amended by No 4 of 2010, s 3 and Sch 2 item 19, by substituting " suspects " for " believes " , applicable in relation to warrants issued on or after 20 February 2010.

S 3L(7) amended by No 127 of 2010, s 3 and Sch 5 item 5, by substituting " an issuing officer " for " the issuing officer " , effective 25 November 2010.